Tough question because it covers a lot of gray area. Technically your liability to them was discharged by your bankruptcy case assuming you listed them correctly in your bankruptcy petition
, and assuming you did not reaffirm the debt by signing a reaffirmation
agreement to keep the debt and filing it with the court.
However, I have seen creditors attempt to sue debtors after a bankruptcy case for fraud if they feel that the debtor failed to give collateral back to the creditor that they surrendered in a bankruptcy case, especially if the debtor sold the collateral while being fully aware the collateral was security for a loan.
When I have clients who have property they did not reaffirm and the creditor has not repossessed it, I usually send the creditor a letter by certified mail, return receipt requested, and I keep a copy for my records, and advise the creditor that they have ten days to repossess the collateral or I will advise my client to do whatever they want with the collateral. If the creditor fails to collect the collateral, then if the client sells it, the creditor has a tough time suing them later when we gave them notice
to get it and they failed to do so.
However, if my client sells or disposes of the collateral without giving the creditor a fair opportunity to collect the collateral, then this can get messy.
I suggest you contact your attorney to see what opportunity the creditor has had to get the collateral so you can determine if they may still want it, or if they abandoned it to you.
Sorry I don't have more clear information, but this is one of those crystal ball situations since it is difficult for you or me to predict how some creditor may interpret your actions, so you want to be sure and cover yourself.
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