I filed chapter 7 bankruptcy and got a discharge. I had a care with a loan at the time that was included in my bankruptcy and never reaffirmed the loan but I agreed to pay a monthly amount to the the company that holds the loan and made about 11 payments before I got in more trouble and couldn't make the payment. They repossessed and sold the car and now they want me to pay the $7000 difference that they say I owe. Do I have to pay that?
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You should not be responsible
You should not be responsible for the deficiency on the car loan so long as you received a discharge, did not reaffirm the debt, and the debt was properly listed and noticed in your case. You may have received an informational statement about the car repossession and sale which is not a bill. If you did receive a bill and someone is trying to collect this may be a violation of the discharge injunction and you may be able to bring an action for money damages.
You may wish to call the lawyer that handled your case and talk with him about it. If you did not have a lawyer, your lawyers does not handle discharge matters, or you are looking for someone to talk to about this, please feel free to give me a call. Good luck,
Attorney Robert Kovacs
508-926-8833
Related thread
Follow this link for an explanation of the typical scenario with a car and bankruptcy. (Also by Attorney Kovacs).