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

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

Posted

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!

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Michael Rice

Michael Rice

Posted

I would only add that this circumstance is pretty touchy in that different courts treat this issue differently. If you have a lawyer, talk to him or her. If not, it might be worth spending a few hundred dollars to have a lawyer look at the issue.

Posted

Protected.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.

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Posted

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

Clark County, Nevada practitioner.

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Posted

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 attorney for legal advice pertaining to your specific needs. Furthermore, the above does NOT constitute an attorney-client relationship. France Law Group is a debt relief agency and helps people file for relief under the U.S. Bankruptcy Code.

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