If my lawyer did not include my car lease in my chapter 7, what should I do? 12 Answers as of August 30, 2013

I was cleared of a chapter 7 bankruptcy a few months ago. My lawyer never included my car lease in the bankruptcy and the place that financed my car told me I am liable of having the car taken from me. I have never missed a car payment and has always been on time. The company who financed the car stated the lawyer was supposed to send over a letter of intention and he needs to re-open the bankruptcy. I am trying to find out what is the next best step.

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Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
Talk to your lawyer.
Answer Applies to: Colorado
Replied: 8/30/2013
214bankruptcy.com
214bankruptcy.com | Rustin Polk
Sending out a "letter of intention" is not what is required in that situation. So the company is wrong on that part. Also, I would be careful taking bankruptcy law advice from someone whose job is to extract more money out of you, and especially in thinking that person's advice about what the bankruptcy laws require is going to somehow be more accurate than stuff filed by your own attorney who is an actual bankruptcy lawyer and whose goal is to protect you.
Answer Applies to: Texas
Replied: 8/30/2013
A Fresh Start
A Fresh Start | Dorothy G Bunce
The car lender is lying to you about taking the car if your payments are current. And it is too late to obtain a reaffirmation, which by law must be submitted to the court before the discharge is entered. You should have read your entire bankruptcy petition before it was filed and let your lawyer know that a creditor was missing, if in fact it was missing. Look at Schedules D or G of your bankruptcy paperwork to determine whether this debt was included. If not included, it is now too late to make any changes. Talk to your own lawyer about the repercussions of this mistake of yours.
Answer Applies to: Nevada
Replied: 8/30/2013
Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
It sounds to me as though your car company is trying to pressure you into filing A reaffirmation agreement. My advice is to leave the bankruptcy closed. As long as you keep making your monthly payments they should not be allowed to repossess your vehicle. You do not have to file any statement of intention in order to keep your vehicle. A reaffirmation agreement only favors the creditor in most circumstances.
Answer Applies to: Connecticut
Replied: 8/30/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
This is an error that cannot be fixed. The lender can take the car, even if you are current on the payments. I believe you may have a state court defense to this but that is a long process! Seek out a local lawyer and see if you get a deal worked out with the lender.
Answer Applies to: California
Replied: 8/30/2013
    Danville Law Group | Scott Jordan
    Yes, your lawyer made a mistake. All debts, including leases, should have been included in the schedules. He should have filed a Notice of Intent which states whether or not you will assume (keep) the lease or return the vehicle. If that was not done, the lawyer should file a motion to reopen and then file the Notice of Intent. Then make a motion to close the case again.
    Answer Applies to: California
    Replied: 8/30/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You under an obligation to review your bankruptcy petition and ensure that all creditors are listed. It is not your attorneys fault that your car lease was not included. That being said, you must file a motion to reopen your case if it has been closed, file an amendment to the bankruptcy petition adding your car lender, and filing motion to assume the lease. This may or may not work considering there is a deadline within which you must assume or reject your leases. My office would charge $2500 for the service. You may be better off to simply continue to pay your lease payments and if the car company attempts to repossess you can sue in state court since you're not in default of the agreement.
    Answer Applies to: Nevada
    Replied: 8/30/2013
    Law Office of Robert Sisson | Robert Sisson
    Amend the petition.
    Answer Applies to: Wisconsin
    Replied: 8/30/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You may well have completed a Statement of Intent as a part of your Petition.
    Answer Applies to: Colorado
    Replied: 8/30/2013
    Law Office of Thomas C. Phipps | Thomas C Phipps
    You can reopen the case and amend the schedules. Or you can just keep making the payments.
    Answer Applies to: Missouri
    Replied: 8/30/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If they want a reaffirmation agreement signed then you would have to reopen it to file it.
    Answer Applies to: New York
    Replied: 8/30/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Why don't you call your lawyer? Why do you believe the finance co? Maybe what they say is true but in experience more often than not, it is not true. Generally simply keeping current on your payments is enough. Some finance companies insist on a lease assumption agreement.
    Answer Applies to: New York
    Replied: 8/30/2013
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