Legal Question in Bankruptcy in Maryland
Repossesion after bankruptcy
My bankruptcy was discharged in March. I was allowed to keep my car because at the time I was up on my payments. My car was recently repossesed. My question is can the financial company sue me for the balance? I did not do a reaffirmation with the institution and I fear they will request all of the monies due. Also since they have taken the car can I tell them to keep it and not be held liable?
1 Answer from Attorneys
Re: Repossesion after bankruptcy
Since you did not reaffirm the debt on the car, the creditor is not allowed to collect the debt on it, as it was discharged in your bankruptcy. They might send you an "informational statement" once it is auctioned, notifying you of a deficiency amount, but they may not attempt to collect it from you. They can keep the car without your being held liable.
Carolyn G. Krohn
60 West Street, Suite 220
Annapolis, MD 21401
410-280-5000
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