auto loan charged off while in bankruptcy can they repo my car?
Sep 03, 2011
in
Chapter 13
ok i filed chapter 13 bankruptcy 3years ago and have been making payments on my car i recently converted my case to chapter 7 i wanted to keep my car and maintain payments but found out that i was behind somehow by like 00 and they say in order to keep my car i have to pay that 4k can they repo my car if it has been charged off i live in texas ,000 is what the total pay offf is need answers plz asap thanks
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2 comments
crbesq on September 3, 2011 at 11:14 am
You need an attorney to sort out your options.
Nearly all consumer bankruptcy attorneys offer free consultations. Take advantage of this to meet with one and get advice based on all of the details of your particular situation. You can find a referral at NACBA.org (National Association of Consumer Bankruptcy Attorneys).
STEVEN F on September 3, 2011 at 11:14 am
Your auto loan was NOT discharged in the bankruptcy unless you surrendered title to the car. Bankruptcy court CAN’T discharge a secured loan and let you keep the asset securing the loan. You either keep they loan or you turn in the car. This is FEDERAL law, it does not vary by state. You can keep a certain amount of equity in your car without being forced to sell the car and pay toward other debts. That amount varies by state.