I want to give my car back after filing a chapter 13

Asked about 1 year ago - Mishawaka, IN

I purchased this vehicle after I started making my chapter 13 payments. with the trustee approval letter. If i give this car back, will I still be protected under bankruptcy? And will the trustee approve another car loan?

Attorney answers (3)

  1. Derek R. Caldwell

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . If you purchased this vehicle after you filed your bankruptcy then it is a post petition debt and your liability for the debt will be unaffected by your bankruptcy, which is a long way of answering your question, no you will not be protected and if you give it back, they will be able to sue you if they cannot sell the car for what you owe. You could dismiss your current case and refile but there are significant risks to that. if you have an attorney, you really need to talk to him/her. If you don't have one, you need one.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more
  2. Brian Crozier Whitaker

    Contributor Level 17

    2

    Lawyers agree

    Answered . If you qualify for, and convert to, Chapter 7, the auto loan can be included among your dischargeable debts. But ... odds are - you're in a Ch13 because you don't qualify for Ch7.

  3. Michael J. Ireland

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Attorney Caldwell answered your question well.

    Since this is a post-petition debt, you REALLY need to speak to a competent, local bankruptcy attorney before you make a move!

    Good luck.

    If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general... more

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