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Debt and Bankruptcy

Should a currently financed car be returned to the finance company before or after bankruptcy is discharged?


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Wiki User
2004-10-29 22:24:43
2004-10-29 22:24:43

If you didnt reinstate the loan, you SHOULD return it promptly or call them to come get it.It will be cheaper on you to return it. The lender will sit on it until they get ready to come get it so they can add late fees ,ect. to your bill.

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In the event of chapter 7 bankruptcy, you may retain possession of secured property only in the event you reaffirm with the lender. In the event no reaffirmation is signed for each piece of property, the property that has not been reaffirmed must be returned to the lender. If non-reaffirmed property is not returned to the lien holder (lender), that party may seek or continue with repossession of that property and any unpaid balance that is not forgiven by the chapter 7 once the bankruptcy is dismissed or discharged and the stay is lifted.

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The answer depends on who the creditor is and the status of the debt. If the debt was a student loan or other non-dischargable debt, then your tax refund can be taken. If the debt WAS discharged, ANY collection action of any kind on a discharged debt is a violation of the permanent injunction of the discharge and therefore illegal. If the creditor was not included on the creditor matrix, then informing them of the bankruptcy and discharge of the debt may be all that is necessary to have the refund returned to you. In other cases it may be necessary to file a Motion for Contempt against the creditor in bankruptcy court. This would require the re-opening of the bankruptcy.

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It would seem that only your pre filing taxes would have been subject to the bankruptcy anyway - that is the 2005 one, so 2006 (post filing) should be most certainly clear too.

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They didn't since they were sworn to secrecy when they were discharged.

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Garnished funds will NOT be returned to you. If it was a significant amount, the bk Trustee can claw back that money and use it to pay your creditors. Otherwise, that money is gone.


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