Legal Question in Bankruptcy in Texas

I recently filed chapter 7 and my car was not supposed to be included in the bankruptcy; however, the finance company did not receive the reaffirmation by the deadline so the car was included in the discharge. Do I still keep the car and stop paying since I am not getting any credit for repaying the car off?


Asked on 1/20/12, 4:45 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Generally a bankruptcy discharge discharges you from paying unsecured debts. Secured creditors have a property interest in collateral you pledge to secure the loan.

If you did not list the finance company as one of your creditors, the discharge does not affect your contract with them. You would not be discharged from paying that debt. You should continue paying if you want to keep the car.

If you did list the finance company as creditor, and the finance company has a secured lien on your car (most do) , the bankruptcy discharge probably did not remove that lien from your car, although you may be discharged from liability on the unsecured portion of the outstanding debt. Hence the finance company has the right to repossess the car (assuming it does so in the security agreement), sell it, and recover what you owe. However if the sales price is not enough to pay the outstanding balance, the bankruptcy discharge prevents the finance company from taking you to court to pay the rest as that amount would be unsecured.

If the finance company was notified and did not file a proof of claim with the court, their security interest may have been avoided by the discharge.

If you stop paying, the finance company will probably foreclose and repossess, and sell the car, unless their security interest was somehow avoided by the court.

Contact your bankruptcy attorney to determine the status of the finance company's security interest. Your attorney can best advise you on the course to take.

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Answered on 1/21/12, 8:46 am


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