Legal Question in Bankruptcy in New York
No Reaffirmation signed
if no reaffirmation was signed for your vehicle after you file chapter 7 bankruptcy and the vehicle gets repossessed after about seven or eight months because you are 90 days behind, are you still responsible or is it part of bankruptcy because no reaffirmation was signed?
1 Answer from Attorneys
Re: No Reaffirmation signed
If the vehicle loan was properly listed in the bankruptcy petition, the discharge probably includes the loan on the vehicle. This means the creditor can't come after the debtor for payment once the bankruptcy is filed and discharged.
Secured purchase money lenders, though, do generally have the right to repossess their collateral, even though they can't come after the debtor for payment.
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