Legal Question in Bankruptcy in Maryland

auto loan discharges

chapter7 bankruptcy:

1. can a repoed car loan be discharged? (repoed 3/3/00 balance $6,673)

2. do i have to removed my mom's name off my credit cards before filing? she is a authorized user no a co-signer or joint/ will it affect her credit?

3. can i use a bankruptcy kit instead of a lawyer?

4. after filing can i rent an apartment?

5. is legel for an employer to deny employment do to bad credit.

6. is creting a new credit file legel? is a new ss# needed?

thank you for time


Asked on 2/15/01, 7:50 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: auto loan discharges

1. can a repoed car loan be discharged? (repoed 3/3/00 balance $6,673): Yes, provided there is no other basis for nondischargeability, such as fraud.

2. do i have to removed my mom's name off my credit cards before filing? she is a authorized user no a co-signer or joint/ will it affect her credit?: No, but she will remain liable if she is liable. If they agree to remove her without your making any untrue representations, fine. If she is an authorized user but not a joint borrower or co-signer, generally she would be liable for her own charges but not yours (and removing her would not affect this), but you need to review the agreement.

3. can i use a bankruptcy kit instead of a lawyer?: Can you? Yes. Should you? Absolutely not. It's too complicated and risky to do on your own.

4. after filing can i rent an apartment?: Yes, but landlords can decline to rent to you with a bankruptcy (or other bad credit).

5. is legel for an employer to deny employment do to bad credit.: Yes, but not due to bankruptcy.

6. is creting a new credit file legel? is a new ss# needed?: Most of what the people who do this kind of thing do is illegal or fraudulent. Any new ss# is fraudulent unless the govt. gives it to you as a new ssn (which they rarely if ever do).

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Answered on 4/02/01, 6:23 pm


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