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Posted Feb 2nd, 2012
What can the creditor do next, my car was written off by the fiance company in 2011, but I still
have it? Will filing bankruptcy help me keep it?

Additional Details:
I had paid $2000.00 on the past due one month after the write off. Total left is $6000.00. I still
have the vehicle. Thinking about filing bankruptcy to keep the vehicle. The company that calls me
about repoing the vehicle is out of state.
Legal Topic Area: Bankruptcy in VA

Yes, bankruptcy will give you several options with respect to the vehicle. You can reaffirm the debt, which means you keep making the payments until the car is paid off, under a new agreement which will deal with the past due amounts that you owe. Or, if the vehicle is worth less than you owe, you can do a redemption in a Chapter 7 case and payoff the vehicle at its fair market value in a lump sum. Or, of course, you can "surrender" the vehicle by giving it back and not owing anything further.

You should discuss your options with a bankruptcy attorney in your area.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

http://www.bklaw.com/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter: @bklawr


Answered on Feb 3rd, 2012 at 1:37am