Legal Question in Bankruptcy in Virginia

Virginia Bankruptcy in 2005

In 2005, I did a bankruptcy case which included a 1999 dodge stratus (I only had ten day because it had a bad transmission it was undriveable). I had contact the dealership several times in reference to the car .I dropped the car off at the dealership and they inspected it and said nothing was wrong it . The transmission was slipping and the car was jerking at speeds of 30 mph. I worked two jobs and I needed reliable transportation. I refused to pick it up until it was fixed. I never heard anything else concerning the car until now. The company has changed its name several times Auto Finance, Future Finance, and AFC now the new company is trying to come after me. I did try to contact the new company and advise them of the 2005 bankruptcy and they stated since I did not use the dealership Charlie Falk name they can come after me with the new company name ?


Asked on 9/11/07, 1:14 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Virginia Bankruptcy in 2005

If your case was a Chapter 7 and there was no claims bar date notice issued because there were no assets for the trustee to administer, the claim is discharged even without notice. Otherwise, it will depend on whether you gave notice to the creditor, which I can't say based on the facts you provided.

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Answered on 9/11/07, 1:36 pm


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