I am Filing Bankruptcy and have a meeting with the trustee tomorrow.

Asked almost 2 years ago - Wytheville, VA

The only thing I am worried about is my aunt and uncle 2 1/2 years ago signed for me and my x to get a car. The car was solely in my aunt and uncles name. She printed a lease agreement on line from Ford and put her information in where there's would be. I gave the car back to my aunt and uncle stating that I could not pay for the car anymore. She is trying to fight me on this and has already right before I filed Bankruptcy tried to garnish my wages. What do you think would be the outcome of this. Will the Bankruptcy make me pay this.

Attorney answers (3)

  1. Daniel Mark Press


    Contributor Level 14


    Lawyers agree

    Answered . So your aunt is the car lessor, exactly as if it were Ford Credit. You gave the car back after 2 years, with a balance due. So outside of bankruptcy you owed them money. They sued and tried to garnish. All that is fine - Ford would have done that too. Then you filed bankruptcy. That imposed a stay, and absent an exception to discharge should result in discharge of your liability, just as if they were Ford.

    The only real difference is that, as your relatives, they may know more about your situation, and they may be personally angry and motivated to punish you. So what can they do? If you committed fraud in the transaction, they could try to have the debt declared non-dischargeable (but it would have been hard to defraud them if the knew of your situation - presumably they knew you had bad credit and thus needed their help). And if you committed bankruptcy fraud - failed to accurately complete your schedules, etc. - they could seek to deny your whole discharge. They could also try to say you have too much income to file Chapter 7 and should pay at least some of your debts in chapter 13. Based on your post, I can't say whether there would be any basis for them to do any of this. All I can say is that there is nothing about what you said that suggests that they would have a basis to do it.

    That is why you need to discuss these issues with your lawyer. You do have one, don't you?

  2. William Asa Grafton

    Contributor Level 12


    Lawyers agree

    Answered . The automatic stay applies to friends and families who lend you money the same as it applies to banks and finance companies.

    Some of the most egregious stay violations are committed by the family members of bankruptcy debtors. Hopefully your aunt and uncle respect the Stay and do not harass you.

  3. Robert Ross Weed

    Contributor Level 13


    Lawyers agree

    Answered . I agree more than Dan than Richard on this one. Personal grudge creditors--sounds like you have one--if they want can look high and low for any missteps on your part and use them as a stick to beat you with. Richard is right there should not be a problem. But Dan is right, they may look high and low and find one somewhere.

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