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I filed chapter 7- was discharged without issue--Before ...

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I filed chapter 7- was discharged without issue--Before filing bankruptcy I paid my car note off with the credit union-but I also had a signature loan with the credit union that was included in bankruptcy discharge. The credit union has placed a lien on the car and and will not release the registration or title to purchase this year''s tag . The car is worth far less than the the discharge debt but thay insist that I sign a reaffirmation of payment. I filed per se--What are my rights?- What can I do?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 6 years ago.

Hi Cheryl:

A credit union cannot place a lien on a vehicle once the bankruptcy case is filed, and an attempt by a creditor to collect a debt that was discharged in bankruptcy may expose the creditor to damages, including punitive damages under some circumstances. I suggest contacting an attorney in your area to see about reopening the bankruptcy case and filing for damages against the credit union for their potential violation of 11 USC 362. You may be able to file a Motion for Cause to show the credit union is in contempt of the automatic stay order, or you may have to file an Adversary Proceeding if circumstances warrant.

I do not think it is wise to proceed without an attorney since it appears that the credit union may be using the fact that you are not represented by an attorney to try to kick you around, plus motions of the sort I mentioned require legal experience for the best likelihood of success.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
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Attorney in the practice of Bankruptcy Law since 1996