Legal Question in Credit and Debt Law in New York

im being sued for a car loan

i filed chapter7 last year now im being sued for a car loan i cant afford. the loan company refuses to repsses the car they are trying to make me keep it. can i file again please help


Asked on 8/07/08, 8:57 am

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: im being sued for a car loan

You cannot file a new Chapter 7 case within 8 years of the filing of your previous chapter 7. You could file a chapter 13. However, it is unlikely that this would be appropriate in your situation. The lender cannot force you to keep the car - you can arrange for the car to be surrendered. However, you will be liable for the amount of the deficiency after the car is auctioned. If this loan was included in your prior bankruptcy and you did not reaffirm the debt, then your obligation to pay it was discharged. Contact my office directly if you would like to discuss further.

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Answered on 8/08/08, 10:52 pm


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