• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Giving Automobile Back After BK

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state?What is the name of your state? California

I've been discharged from my BK that I filed earlier this year. I have an automobile loan that I went into BK with, but didn't have to reaffirm the loan since I was always current on the payments. I basically don't want the car anymore and would like to have it repossessed. Why keep a car w/a payoff of 20,000 and a KBB valued of 8,000. I had to go into BK with the car loan so that my necessary expenses would be higher. Now that BK is over I don't want the car.

My question is: Can I voluntarily have the car repo'd w/out any civil liability? And do I have to have it repo'd w/in a certain timelimit or could it be a year from now?

FYI: I took a look at my credit report for this loan and I noticed the loan balance has been zero'd out and a notation of 'included in bankruptcy' is also there. I don't understand why the loan company would zero out a balance if the loan still exists and is being paid for.
 
Last edited:


Ladynred

Senior Member
Without a reaffirmation, the debt was discharged. You can now safely walk away from the thing with NO liability for it whatsoever.

As for the notation on your credit reports, the debt was discharged, the debt is uncollectible, the lender writes if off their books as a loss. For once a lender is reporting it correctly !!
 
J

JRTLDJ

Guest
Ladynred said:
Without a reaffirmation, the debt was discharged. You can now safely walk away from the thing with NO liability for it whatsoever.

As for the notation on your credit reports, the debt was discharged, the debt is uncollectible, the lender writes if off their books as a loss. For once a lender is reporting it correctly !!

Does this mean the vehicle MUST be returned to the creditor?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top