Legal Question in Bankruptcy in Illinois

Car not reaffirmed on by bank

My bankruptcy was discharged in January of 2000. I was going to reaffirm the loan for a car I had purchased 6 months prior. My lawyer had contacted the bank on several occasions about sending the proper documents for me to reaffirm on my loan. I had also contacted them. The bank never sent the paperwork. I kept making the payments for 2 yeas. I finely decided to let them have it back since they would not reaffirm on it. My question is: Does the repossession (giving back) of the car go back to the discharged dated in January of 2000 or is it the date that I let it go back? Does it even matter that they never reaffirmed on it?


Asked on 9/23/03, 9:14 pm

1 Answer from Attorneys
David Leibowitz Leibowitz Law Center

Re: Car not reaffirmed on by bank

If you did not reaffirm, then your personal liability is discharged even if the lender takes the car back months after your bankruptcy case was closed.

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Answered on 9/23/03, 10:26 pm


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