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im2cute2bne1 | Bankruptcy? |
I file bankruptcy and it went through in January. I kept my car and I was told while the bankruptcy was going through I could turn it in without penalty if I wanted. Can I still turn it in now that my ruptcy has been processed without it going on my credit as something bad? Will they just take it back and be done with it? |
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thylawyer
 |
If it was a chapter 7 and you filed a Statement of Intention saying you intended to surrender the car, you might be able to turn it in.
There are time limits for things, and you don't give much information. "Went through" doesn't mean much. Was that when you got your Notice of Discharge?
Did the loan company send you or your lawyer a reaffirmation agreement? Did you sign it? File it with the court?
Was the case filed after October 16, 2005?
What state was it filed in?
The bankruptcy may be irrelevant; ask them if they will take the vehicle for what you owe on it. |
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koreangurl
|
As long as you don't sign a reaffirmation agreement with the creditor holding the note to the vehicle and you decide after the bankrputcy that you can't pay for it anymore, then you can let them repossess it and the amount due (after the auction) will be covered under the bankruptcy as long as you listed the debt and did NOT reaffirm the note. |
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Studly
|
I want everyone to stop and read Papa_Bear's answer again.
Now smell!
Yup, that is what a crappy answer smells like. Papa, you don't even come close to having a clue about bankruptcy.
Once you file, and once you have been discharged, that debt is gone! You can't sell the debt to someone and still collect on it!
And I just LOVE your research! "A recent business report..."??? Care to share this with us?
ThyLawyer is correct. We don't have enough info about your bankruptcy. Was this loan reaffirmed?
You should be able to call your lawyer. That's why you paid him all those big bucks for. |
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jititi j
|
Bankruptcy Explained
http://www.debt-explained.com/category/How-to-Avoid-Bankruptcy-Explained.html |
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Gilly Bean
 |
Are you unable to make the payments? Is that what you mean?
If you default on it, yes, it will go on your credit report, which is already shot from the bankruptcy. I'd suggest selling the car, using the money to pay it off, and buying a dirt cheap vehicle that you can pay off when you buy it. Don't buy on credit. Drive the crap car around while saving money up, and then use a sizeable amount to get a slightly nicer car, again, paying it off when you buy it. |
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Right on
 |
If your car was listed in the bankruptcy.... you can turn it in... if not you will start a new negative credit if you turn it in...
"O" Wise One..... |
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teresa c
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Im not sure about that one ask your lawyer |
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weswe
 |
Your credit is already bad, how would turning your car in make it worse? I'm not sure if there are degrees of bankruptcy- like really bad credit, not so bad, terrible- I thought - It's all equally bad. Don't you have to wait 7 years to get a clean record again? |
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Malika
|
By the new laws you are basically screwed. Don't even bother applying for a loan or filling out a job resume...the bankrupcy will rise up like the Phoenix from the ashes!!! |
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penwater1
 |
you can turn it in but it will show as a voluntarily reposesion, this is just as bad as a forced repo no matter what any one says. You should have put it in the bankruptcy. |
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Papa Bear
 |
One thing you should know that bankruptcy does not absolve you from paying your debts. A recent business report showed that the debtors can still sell you debt to someone else, and you have an all new obligation, only you can't file for bankruptcy again for 7 years. |
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