Legal Question in Bankruptcy in Virginia

car repo

i filed chapter bankruptcy 7 bankruptcy in april 2002 i included my 96 vehicle and they have never came to collect it. do i have any right to keep it, even if at the time i didnt reaffirm it. i owed 6000.00 on it.


Asked on 9/08/02, 6:35 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: car repo

If you remain current on the payments, you have a right to keep the car even w/o reaffirming. If you do not remain current, they can repo the car after the bankruptcy is over. You should have filed a statement of intention with regard to what you intended to do with secured property, and you have an obligation to perform that intention (or change it). That may mean you have a duty to return the car. You may potentially be liable for any damage to the car after the bankruptcy (including potentially additional mileage, although I've never seen that issue pursued), so if you don't return it, at least you have to keep the car insured until it is picked up. Ask your bankruptcy lawyer for more details.

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Answered on 9/09/02, 9:29 am


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