my car was repossessed yesterday. payments are current. currently discharged from chapter7 bankruptcy. Bankruptcy lawyer contacted regarding reaffirmation as requested with chapter7 filing. attorney states he filed for reaffirmation. Creditor states that he did not file correctly so they repossessed my auto. who do i believe and how do i get my car back?
Country/State/Province of question: USA, Michigan, Southgate
contacted my attorney and the auto creditor. attorney or creditor didn't offer any solution except to go get my personal effects from auto.
Hello and thank you for allowing me the opportunity to assist you.Usually, the debtor and attorney fill out the reaffirmation agreement, and then send it to the creditor to file. The court may not allow you to reaffirm the debt, however, if it does not appear that you can afford to make the payments. So, the problem could have been one of 3 things: (1) your attorney may not have sent your reaffirmation agreement to creditor or fill it out correctly, or (2) the creditor may not have filed the reaffirmation agreement, or (3) the judge may not have approved the reaffirmation agreement. I think that you'll need to seek clarification from your attorney in order to find out why the reaffirmation agreement is apparently not effective.Assuming the reaffirmation agreement was properly sent to the creditor, then you do have an argument that you've done everything that you needed to do on your end, and that the creditor had no right to repossess the vehicle even if the reaffirmation agreement was never filed or accepted by the court. I did not find a Michigan case on the subject, but there are cases in other jurisdictions (e.g., Maryland) on the subject and they are in your favor on that issue. So, you need to talk to your attorney to find out exactly why the reaffirmation agreement fell through. If the issue was not on your end, then you have an argument that the car should not have been repossessed merely because of the ipso facto clause in the Contract (i.e., the clause which states that filing for bankruptcy is considered a default).Of course, you can also contact the creditor to see if they'll work with you at all. It may be possible for you to simply sign a new note obligating you to pay a debt in order to get the car back. You could even try to get a new loan elsewhere, though that may be impossible due to the bankruptcy (or perhaps not impossible, but under disfavorable terms). I'd talk to the lawyer and creditor first.If you would like any additional information or need clarification, please do not hesitate to ask! Also, I strive to be as helpful as possible so that you are satisfied. Accordingly, please remember to give me positive feedback (doing so does not end our discussion). If you feel the need to rate me poorly, please stop and instead of rating me, reply via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue our discussion and do everything that I can to provide you with the service that you seek.Thank you.
Licensed to Practice Law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).