Can I get my car added to my filed bankruptcy? 23 Answers as of March 12, 2014

I filed just shy of one year ago and did not sign a reaffirmation agreement. I am now considering turning my car in as I'm so upside down and not making as much money. Can I add my car to bankruptcy?

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The Law Office of M Grater LLC
The Law Office of M Grater LLC | Mark O. Grater
If you did not file a re-affirmation agreement, then the underlying car loan for the vehicle you are giving back is forgiven.
Answer Applies to: Connecticut
Replied: 3/12/2014
Stephens Gourley & Bywater | David A. Stephens
Check your bankruptcy. It probably was included.
Answer Applies to: Nevada
Replied: 3/11/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
If you did not sign a reaffirmation agreement you should be able to return the car to the lender and not be responsible for any deficiency owing on the loan.
Answer Applies to: California
Replied: 3/11/2014
Idaho Bankruptcy Law | Paul Ross
If you owed the debt at the time of filing the bankruptcy, it should have been listed. If you did not owe it, then you cannot add it. If you owed it, and you did not list it, you have some potential bankruptcy fraud issues. If your case is still open, I would add it. If it was listed and you did not sign a reaffirmation agreement, turn it back and be done; the creditor cannot come after you.
Answer Applies to: Idaho
Replied: 3/11/2014
Garner Law Office
Garner Law Office | Daniel Garner
You can surrender your car and will not be responsible for any deficiency if they cannot sell it for what you owe, because you did not reaffirm the debt. It is not necessary to file anything with the bankruptcy court.
Answer Applies to: Oregon
Replied: 3/11/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    No, once your case is discharged and closed it is over. You would be liable for the deficiency on the car loan.
    Answer Applies to: California
    Replied: 3/11/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If you bought your car prior to your bk then it should already be in the bk. If you did not sign a reaffirmation agreement you can surrender the car at any time and the creditor is prevented from pursuing you for payment.
    Answer Applies to: Nevada
    Replied: 3/11/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    If you listed the loan on Schedule D in your bankruptcy petition AND you did not reaffirm AND you received a discharge in your bankruptcy case, the car loan was also discharged. This means that should you return the vehicle and proceeds from the sale at an auction turn out to be less than what is owed on your loan you are NOT responsible for any deficiency. Nothing further needs to be done in your bankruptcy case in this scenario.
    Answer Applies to: California
    Replied: 3/11/2014
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    If you filed chapter 7 bankruptcy, and never signed a Reaffirmation Agreement, then the debt on the vehicle is discharged. You can surrender it to the lienholder and they cannot pursue you for a deficiency balance. But they are required to report accurate information to the credit bureaus, and it will show as a repossession on your credit reports.
    Answer Applies to: Texas
    Replied: 3/11/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Your car should have been included on your bankruptcy. You should check your bankruptcy schedules to be sure. If you signed a reaffirmation agreement approved by the bankruptcy trustee to retain your car, it is too late to back out of it now & you can be sued by the lender to collect on the debt.
    Answer Applies to: Nevada
    Replied: 3/11/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See you bankruptcy attorney or engage one. Without the details and a review of your filing it is impossible to answer your question.
    Answer Applies to: Michigan
    Replied: 3/11/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    If you did not reaffirm on the car and it was listed on the bankruptcy, you should not have to add it the debt should be discharged already. You had to make payments to continue to keep and drive it. You should talk with your bankruptcy attorney for advice about this situation.
    Answer Applies to: Arkansas
    Replied: 3/11/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You don't say when you purchased your car. If you bought it before you filed your bankruptcy case then the loan should have been included even though you intended to keep the car. If that is the case, then the loan was discharged and you will suffer no ill effects from letting the car go back to the lender. If you failed to list the car and the loan, then you may have other issues. If you bought the car after you filed for bankruptcy then the bankruptcy cannot help you get away from the loan at this point.
    Answer Applies to: Colorado
    Replied: 3/11/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    If no reaffirmation was signed and approved by the court, you have no worries. Call the car lienholder and ask them (politely) to pick up the car. If they have any questions, have them call your attorney.
    Answer Applies to: Colorado
    Replied: 3/11/2014
    Hoang & Tran PLLC | Adam Tran
    You can return the vehicle but (depending on how you did or did not include the vehicle in your schedules/petition) there is no guarantee that the financing company will not seek to collect the remaining balance.
    Answer Applies to: Texas
    Replied: 3/11/2014
    Danville Law Group | Scott Jordan
    You should have listed the car as an asset and the debt in Schedule D. Assuming that is correct and you did not reaffirm, you can turn the car over to the dealer without repercussions.
    Answer Applies to: California
    Replied: 3/11/2014
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    Talk to your lawyer to be sure of whether you signed the reaffirmation or not. Was it a car loan or lease? Need to see how it was listed in bankruptcy. If it was purchased before filing, it was "in" the bankruptcy. Whether you reaffirmed or paid is a separate issue, and whether you can eliminate the debt is also another issue.
    Answer Applies to: Illinois
    Replied: 3/11/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    Your car loan should have been included in your bankruptcy and if you did not reaffirm the debt then you should be able to surrender the vehicle to the creditor. The creditor will not be able to pursue an action against you for the balance of the vehicle loan.
    Answer Applies to: Indiana
    Replied: 3/11/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    If you didn't sign a reaffirmation agreement, and your case has now been completed (you've received your discharge order), then you should be able to surrender the car without any personal liability. You don't have to add the car loan. I am presuming that it was properly listed as a debt on Schedule D (list of secured debts), so your car lender has already been listed as a creditor.
    Answer Applies to: Pennsylvania
    Replied: 3/11/2014
    Kirby G. Moss PC | Kirby G. Moss
    If the car loan was listed on the BK, you can surrender it without repercussions. If it wasn't listed which is actually improper, but in any event, it is more problematic. You would need to reopen your BK($260 court cost) and add the creditor, then surrender it.
    Answer Applies to: Indiana
    Replied: 3/11/2014
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    If you intentionally did not list your car and the associated debt on your bankruptcy papers, that is grounds for revocation of your discharge among other penalties. That having been said, if this was a No-Asset Chapter 7 case and you received a discharge, then you owe nothing further on the vehicle and can turn it in with no further obligation. There's a lot of missing information from your question, so you really need to consult with a bankruptcy attorney about your rights and options at this point.
    Answer Applies to: California
    Replied: 3/11/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If you did not reaffirm the debt, call them ask where you can surrender it. That will be the end of it.
    Answer Applies to: California
    Replied: 3/11/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you did not sign then you can surrender the car back to the lender.
    Answer Applies to: New York
    Replied: 3/11/2014
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