Legal Question in Bankruptcy in Massachusetts

I filed bankruptcy 7 in massachusetts in 6/2010. I wanted to reaffirm my auto and filed such with bankruptcy filing. I called bank and they took name and number and someone would call me back. no one did. Bankruptcy was discharged in 9/2010. I called bank again relating I still wanted vehicle, they took name and number again said someone would call back, no one did. The vehicle is still in my yard. What do I do next? Can it be considered abandoned by them?


Asked on 2/13/11, 9:27 pm

1 Answer from Attorneys
Dmitry Lev The Lev Law Firm

I don't understand why your attorney was not a part of guiding you through this process. Presumably the bank has a valid lien on the car. Post-discharge, you can no longer reaffirm the loan or redeem the car at its current market value. You have two current options: 1) to maintain timely monthly payments pursuant to the original loan terms, or 2) surrender the car to the bank. The third option could be to renegotiate the loan with the bank, but that would require cooperation from the bank - something that seems to have been lacking thus far. If you fail to maintain timely payments, the bank can repossess.

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Answered on 2/13/11, 9:54 pm


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