Can I add my car to my chapter 7 bankruptcy? 21 Answers as of January 16, 2012

When your bankruptcy was filed, you car should have been listed as an asset on Schedule B and the debt should have been listed on Schedule D. You also filed a document called, "Statement of Intention." If you had intended to keep your car, you probably checked the box to "reaffirm the debt." If you have since changed your mind, you really don't need to change or amend any of your paperwork UNLESS you have already signed a reaffirmation agreement with the car company. If you have signed a reaff, you will need to rescind it in order to surrender your car with no financial consequences. A reaffirmation agreement - if signed before discharged and approved by the court- commits you to the loan as though you had never filed a bankruptcy. This means you are personally liable for the debt and could owe on the balance after a future repo. You have a limited time to change your mind (rescind). You must rescind before discharge or within 60 days of the signing of the document. I'm not sure why the lender stopped accepting your payment. It could be that they want a signed reaffirmation agreement or a few other possibilities. At any rate, they will only be able to repo the car if you have already received a discharge in your case or if no discharge yet, they have asked the court for permission via a Motion for Relief from the Automatic Stay. You should call the attorney who helped you file and/or the car lender to find out what is up and where you stand right now.

If you had the car during the time you filed for bankruptcy, it should have already been included in the chapter 7 petition. If you purchased the car after the filing then you cannot add it for that very reason.

If you purchased the car prior to filing, it must be listed. If not, you cannot add it.

If the car loan was something you owed before you filed, the car and the debt should already be listed as a debt in your bankruptcy schedules, and if so, your obligation to pay any more of the debt would be discharged as part of your bankruptcy. If you did not list the car or the debt for the car, you should amend your Schedule B (to list the car) and your Schedule D (to list the secured debt) to make sure they are included.

The answer depends on when you purchased the vehicle. If you purchased the vehicle BEFORE you filed your bankruptcy case, then you disclosed this asset in your case and whether you had an outstanding loan. Then, on your statement of intentions you stated what you intended to do with the vehicle. Also, you MUST reaffirm a vehicle loan here in the Central District of California. With that said, if this is your situation, then you can simply surrender the vehicle to the lender and you will not be liable for any deficiency amount. If you purchased the vehicle AFTER you filed bankruptcy, then it is new debt and can NEVER be included in your prior bankruptcy case.

Your car should already be included in your bankruptcy. If it hasn't amend your schedule d immediately.

You should have listed your car in your case when you filed it. If the car was listed, then yes you should be able to include the car. If the case was filed and the car was not listed, you can amend the petition and include it. Generally, once you file a bankruptcy you are not personally liable for any debts including a car but it needed to have been listed in the case.

Your post is unclear. If you filed and failed to list the car you committed a serious crime. The failure to list every debt and every asset can result not only in denial or revocation of your discharge (and loss of the car) but also five years in federal prison and a $250,000 fine. If you did perjure yourself this way, get a lawyer ASAP to try and fix things before you go to prison. You should have had one when you filed to avoid this mistake, but get one now. If you already filed and got a car afterwards, no you cannot add it to the case.

In a chapter 7 bankruptcy, you can surrender your vehicle and you will not be responsible for the "balance" owed (there is no longer a balance). Lack of insurance is definitely a violation of most financing agreements and puts the lender in a no-win position if you wreck the car. The car debt should have been added to your bankruptcy in the beginning. You are required to list all debts. If it was added, but you planned to keep the vehicle, you can change your mind and make arrangements to surrender it which is what the lender seems to be suggesting. Be sure to get the proper documentation, receipts, etc. when you return it.

So long as you did not sign a reaffirmation agreement then you can allow the vehicle to be repossesed and the lendercannot collect the remaining balance. However, if you DID sign a reaffirmation agreement, then they can still repossess and come after you for the remaining balance.