Legal Question in Bankruptcy in Michigan

Vehicle repossession

I filled for bankruptcy in 2005. I listed a vehicle on the Chapter 7 individual debtor's statement of intention as surrendered property at the advice of my attorney. This vehicle was not in my possession since I was just the co-signer. The vehicle is now in default and may be repossessed. Will I be leagally responsible of this vehicle even though it was listed on the bankruptcy?


Asked on 8/30/07, 12:07 pm

2 Answers from Attorneys
Victoria Easterday Law Offices of Victoria Easterday

Re: Vehicle repossession

It depends on whether the loan for the vehicle was in your name alone or joint with another person at the time of your bankruptcy filing. If the loan was just in your name when you filed the bankruptcy action, then you had a duty to return it to the creditor when you indicated that you were not reaffirming that debt. If you did not return it, you could be held liable for the debt.

If the loan was also in the name of another person at the time you filed

bankruptcy you will not be liable for the debt as long as you received a Discharge from the bankruptcy court.

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Answered on 8/30/07, 12:45 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Vehicle repossession

Any questions on this matter should be discussed with your bankruptcy counsel.

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Answered on 8/30/07, 1:43 pm


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