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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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I filed for Chapter 7 bankruptcy in Texas. I filed an intention

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I filed for Chapter 7 bankruptcy in Texas. I filed an intention to reaffirm my car loan in the hope I could renegotiate the terms. The lender will not renegotiate. I no longer want to reaffirm the debt and want them to take the car. The lender recently filed a motion to stay aside the stay so they could sell the car and collect the deficiency from me.

My questions:

1. Do I need to file something with the court to withdraw my intention to reaffirm?
2. Can the lender collect a deficiency judgment?

cortrightlaw : If your case is already closed then you do not need to do anything, If it is still open and has not discharged you can file an amended statement of intentions. Technically this is not necessary because if you did not reaffirm the debt in writhing then the debt is discharged when you recieve your discharge and they are limited to repossession and sale and they can not pursue the deficiency.
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