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Chapter 7 Bankruptcy

Cleveland, OH |

I was cleared of a chapter 7 bankruptcy a few months ago. My lawyer never included my car lease in the bankruptcy & the place that financed my car told me I am liable of having the car taken from me. I have never missed a car payment & has always been on time. The company who financed the car stated the lawyer was suppose to send over a letter of intention and he needs to re-open the bankruptcy. I am trying to find out what is the next best step.

Attorney Answers 4


The best step is to find out what was or was not filed in your case by calling the person who knows - your lawyer. What do you mean your lawyer never included your car lease? It is your responsibility to provide all the information about your debts to your lawyer, then carefully review the schedules, then sign under penalty of perjury they are true and correct. If the creditor is telling you the way to fix it, then the obvious step appears to be to call your lawyer to get it done (or the lawyer can tell you if that is not possible).

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This is stressful isn't? Imagine if you did not have an attorney to fix this problem.

Here are the facts: you care was included in your bankruptcy or your lender would not be talking to you about needing paperwork from the bankruptcy.

This can be tricky. Your judge's personality will play a big role as well.

The lender is correct that they can pick up the car even if you are current on payments - until this is fixed. Most of the time this is a hallow threat. But it can be done.

I hope the best for you.

If you live in Arizona, please contact me for actual advice; this is just speculation. It certainly is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a idea of what you might do and how it may turn out.

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Your vehicle lease should have been listed on Schedule G of your bankruptcy petition. While many lenders will repo a vehicle unless a reaffirmation has been signed, it is a little to late to do that now. I would suggest that you read your bankruptcy papers carefully, as you should have done this before you filed to make sure every debt was listed. In several parts of the US, the failure to list a creditor is not fatal and does not require you to reopen the case to list it - but this is not 100% throughout the US. One thing that is 100% is that creditors will lie to scare you into repaying them . It is unlikely that the leased vehicle will be repoed if you are current on making the payments because the lender has nothing to gain by taking it. Hope this perspective helps!

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I agree with the prior attorneys. If your attorney did not include the lease, how does it know about the bankruptcy? Furthermore, if the lease was not included in the bankruptcy, then the lease is not discharged and no letter of intent is needed. You need to consult with your bankruptcy attorney or, if you do not have one, hire one.

Attorney Sternberg is admitted to the practice of law only in the State of Ohio. His answering of this question does not constitute an attorney client relationship, nor can his answer be relied on since the question does not permit Attorney Sternberg to seek additional information necessary to render an legal opinion.

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