I was discharged from Bankruptcy Chapter 7, 1 and a half years ago. I did not sign a reaffirmation agreement for my truck loan.

Asked over 1 year ago - Gobles, MI

If I send the truck back to the bank am I liable for the payments, or am I protected under the Bankruptcy law?

Attorney answers (4)

  1. Dorothy G Bunce

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    Answered . As long as you didn't have a reaffirmation approved by the bankruptcy court, you no longer have personal responsibility to the bank to make the payments. As long as you keep the vehicle, you must maintain insurance, but once you return the truck, your responsibility to it ends due to your bankruptcy discharge. Hope this perspective helps!

  2. Ryan Alexander

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    Answered . If you did not reaffirm it, you can return it now and it will be considered included in the bankruptcy.

    Clark County, Nevada practitioner.
  3. Scott Edward France

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    Answered . Generally speaking, if a Chapter 7 debtor does not sign a reaffirmation agreement, then said debtor is not responsible for that debt. I would advise you to contact the attorney who filed your case and confirm that you did not file a reaffirmation agreement. Better safe than sorry.

    The aforementioned "answer" is not considered to be legal advice. You are advised to contact an experienced... more
  4. Michael Avanesian

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    Answered . Protected.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more

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