0
Can you file your car in bankruptcy after a bankruptcy discharge?
Wiki User
∙ 13y ago
You probably have to!
You were supposed to include everything you owe and everything you own...you swore and signed legal documents saying you did. You don't pick and chose what you have to be included....it all is. Some things are exempt for actions against by law...but that is their class, not that they aren't included in the filing.
If you forgot something, you should probably advise the court and correct the clerical error you made.
Wiki User
∙ 16y ago
Wiki User
∙ 12y agoIf you have forgotten to include a debt in your bankruptcy, you can amend your petition to include the debt in your bankruptcy. In case of a chapter 13 filing, you must amend your payment plan to include the forgotten debt. In some cases you may not have to file an amended petition in a Chapter 7 case especially if there are no assets for distribution. The court will allow you to write off the forgotten debt but you must provide proof of your bankruptcy filing to the creditor otherwise they will not be aware of your filing and will continue with the collection activity. If the debt was incurred after the filing but before discharge, you may have to file a new petition including the debt after requesting the court to dismiss your existing petition. For an official opinion, it is advised you seek legal counsel.
Wiki User
∙ 13y agoAfter discharge is too late. The good news is you are exempted for 1 car as long as it's not outrageously valuable. If you can no longer afford do a voluntary repo. the car is the loans security & once they have they cannot do much. They will auction & try to recover anything they were unable to recoup with the sale. It will still drop off your report before the bankruptcy & I don't think they can get a judgment if you surrendered the car. If you had a preparer for filing, seek advice as far as your best way to go, since states not all the same.
Add your answer:
Earn +20 pts
Can you file bankruptcy if you caused a car accident?
Can you file bankruptcy if you caused a car accident?
Can you discharge your car in bankruptcy?
You can't discharge a car or any other asset. You can only discharge a debt (money owed).
How long after discharge can you file an amendment for a lien left out of bankruptcy by accident?
me
What happens when a creditor doesn't file a proof of claim in a bankruptcy case?
If it is not a secured debt it will be included in the bankruptcy discharge.
Should i file taxes after discharge?
Yes. Bankruptcy does not change you absolute legal obligation to file taxes.
Can you get your car back after a repossession if you file chapter 13 bankruptcy?
In GA Can you get your car back after a repossession if you file chapter 13 bankruptcy
What happen if you file bankruptcy and have not been discharged and buy a car and have it finance?
If you file bankruptcy and you have not been discharged the car that you buy can be used to finance it.
If I want to file bankruptcy but my car is in my aunt's name is there any way she can release it into my name and I file the car in with my bankruptcy?
must be yours for two years
If you file chapter 7 bankruptcy in 2002 can you file again in 2010?
Yes, you are eligible for a discharge every 8 years.
Can you take money out of your 401k after you file bankruptcy?
Yes, but not until your discharge. If you take money out of a 401K after you file and before discharge, the money is no longer exempt and could be taken by the Trustee. If you take it out after your discharge the money is yours.
What happens if my car is repossessed and then I file bankruptcy?
Any leftover debt from that car repossession can be put in your bankruptcy petition..so if you owed $12k and the bank sold it for $6k..then you can file bankruptcy on the remaining $6k.
When can you refile bankruptcy after a previous bankruptcy discharge?
That depends on your situation. If you have filed but not received discharge of debt, then you may refile immediately. If you filed for chapter 7 and received discharge of debt, then you can file eight years after discharge date for chapter 7. If filed under chapter 13 and received discharge of debt, can refile after two years for same chapter 13. http://www.jacksonwhitelaw.com/what-we-do/get-help-filing-for-bankruptcy/ If the first bankruptcy, C. 7, was dismissed for cause, you have to wait 180 days before refiling. If you file a C. 7 and get a discharge, you can file a C, 13 immediately after the 7 is closed, called a "Chapter 20" by bankruptcy lawyers who know what they are talking about.
