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Unless a secured lender has received a "lift of stay" on a debt included in bankruptcy, they must wait until the BK has been discharged before they can repossess or begin legal procedures to retrieve a vehicle. A vehicle is considered a secured debt and is not dischargeable in a chapter 7. The borrower/debtor should contact the BK trustee and/or the lender to clear up the matter or he or she may face complicated litigation in the future. The title will still show a lien holder and the DMV will not issue a duplicate one until the lender signs the vehicle over to the borrower.
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What happens to the deficiency of a repossession after chapter 7 bankruptcy is discharged?
IF you list it on the B/K. it goes away, you dont owe it anymore.
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
If you filed chapter 13 bankruptcy and it was discharged can you file chapter 7 bankruptcy now?
Yes.
Can you amend a chapter 7 bankruptcy after its been discharged?
No
Can they repo your vehicle in an open chapter 13 bankruptcy?
No, this is not legal. When you filed the bankruptcy, you and your property are automatically protected under the "stay." The stay prevents any collections or repossession action for the duration of the bankruptcy, and will not be lifted until the BK is discharged or dismissed.
When you file chapter 7 bankruptcy and have a private student loan is it discharged with everything else?
Unfortunately no. Both private and federal student loans can not be discharged in Chapter 7 bankruptcy.
You kept making car payments after discharged in chapter 7 if you stop paying and don't surrender the car can the lender go and undo your bankruptcy?
No. But, the vehicle will become a repossession if payments are not made.
Can you file chapter 7 again if you filed bankruptcy in 2001?
my chapter 7 bankruptcy discharged Jan 2002 when can i apply again
Can payday loans be discharged by filing a chapter 13 bankruptcy?
Yes, they can be discharged. A chapter 13 may not be the best way to go, however. You should consider a chapter 7, if you qualify. Consult a local bankruptcy lawyer.
Can you be sued after your chapter 13 is successfully discharged?
Not by creditors who agreed to participate in the chapter 13 bankruptcy.
Can you do chapter 7 after repo?
There is nothing about a repossession which prevents eligibility to file for bankruptcy.
Is a car loan discharged under chapter 7 bankruptcy?
Whether your car loan is discharged by a bankruptcy or not will depend on your state and the equity in your car. Whether the loan will be discharged or not is called an "exemption".
