Hello and thank you for allowing me to address your legal question.
If the car loan is included in the bankruptcy, then you will not be responsible for the difference between what you owe and the car’s selling price. Therefore, the very first thing you should do is contact your attorney and make sure that the car loan is included in the bankruptcy.
With regard to not informing you to keep paying the car loan…that’s a tough question. I think the attorney should have told you, but I certainly wouldn’t call it malpractice. He may have incorrectly thought that you knew that you had to keep paying.
Last, with regard to the loan modification agreement…since you didn’t continue to pay on the loan, it may be a harmless error. In fact, the attorney may ask you why you didn’t know that you had to continue making monthly payments if you signed the paper agreeing to a modified monthly payment.
Anyway, the main issue for you is making sure the car loan was included in the bankruptcy. Good luck!
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