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Auto repossession and bankruptcy

Wichita, KS |

I just had my chapter 7 discharged. I reaffirmed my car at the time of discharge. Before my filling was discharged, i made a change to withdraw my reaffirmation by filling the section that was used to reaffirm my car. Am i still liable for the deficit on the car?

When i filled my chapter 7 i reaffirmed my car. After my 341 meeting and i was unable to keep making my payments, i requested with the fin institute to return the car. I took the car there by myself. 2 weeks before my discharge, i filled the exact form i used to reaffirm my car to make corrections to revoke my reaffirmation. the fin institution auctioned my car and sent me a letter that i owe a large sum of amount. Am i supposed to pay that deficit?

Attorney Answers 3

  1. If you filed a revocation of the reaffirmation agreement either before the discharge was entered by the court, or within 60 days of filing the reaffirmation agreement with the court, in writing, then you should be OK. Just to be sure, go down to the courthouse and discuss the matter with the clerk of the court.
    Why are you just sitting there? Get down to the courthouse NOW! Good Luck!

  2. Your post is not at all clear on what you filed. You should have a copy of everything you filed in the case, but if not, you need to get copies. Amend your post, or post again, to tell us exactly what you filed. "filling the section that was used to reaffirm my car" really does not make much sense or tell us what was actually filed.

  3. Assuming you properly revoked your reaffirmation agreement (based on your post, it is entirely unclear whether you did so), then you are not liable for the deficiency on the car.

    If you did not properly revoke, then you are liable. Not, you have the longer of either the date of discharge or 60 days after the reaffirmation agreement was filed with the court to revoke.

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