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My bankruptcy chapter 7 been discharge and i filed my car as exempt and it was included in that chapter 7, and someone is callin

added to my question,someone is calling me regarding on my car,he wants to get......what i gonna do ,pls. help me

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Attorney answers (2)

Reputation Level 15
You'll need to add a little more information.

Is someone calling that you owe money to for the car?

Are they just a creditor (not related to the car) that is threatening to take the car?

Why are they calling regarding the car?

Was the car paid for? If not paid for, what did you put on the statement of intention regarding the vehicle? Did the car have any equity, and if so, how much?

If you had an attorney for the bankruptcy, give them a call as well.

Good luck.

Matthew Williamson
www.MontereyBayBankruptcy.com

Reputation Level 14
They may have violated about 3-4 state and Federal laws each with statutory damages of $1-2K each and possibly a violation of the BK's order of discharge. This is generally an adversarial proceeding (AP) and some firms handle these on a contingency basis, other attorneys will charge and hourly fee.

As the other attorney listed, lots of questions and very fact based as to what your options could be. Some firms offer a free initial consultation.....

Other answers (1)

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Kelly Robbennolt

During Chapter 7 Bankruptcy a debtor is allowed under certain circumstances to reaffirm a debt. What this means is that the debtor will be allowed to continue to pay a debt so that he/she can continue to keep property such as a house or a vehicle. In Chapter 7 bankruptcy, a debtor who desires to reaffirm a debt must get the approval of the bankruptcy court. The bankruptcy court will only allow a debtor to reaffirm a debt if the debtor can afford it and if doing so would be in the debtor’s best interests.

For example, a debtor who earned $3,000 a month but had $2,900 in monthly expenses would most likely not be allowed to reaffirm a debt that would cost him/her $200 a month because it would put the debtor $100 into the hole. On the other hand, if that same debtor wanted to reaffirm a debt that would cost him/her $50 a month, the bankruptcy court would most likely approve of the plan.
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