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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 bankruptcy in 2010 and per my attorney let the

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i filed for bankruptcy in 2010 and per my attorney let the car i had prior to the bankruptcy go back to the bank. then was told to buy another one which i did. this was through a credit union there has been no problem until this yr when i lost my job and that income. have been on unemployment which has now run out so i have only income of social security

i called the credit union and asked them if they would work with me to lower the payments by extending loan, or lowering interest rate, or paying off car at its blue book value. a friend is willing to loan me the money to pay off the car at a very low interest.
i was told by the man i spook with since this was part of the bankruptcy he could not give me any help and his sugg. was to walk away from the car. i was just not sure i heard him but he told me again this was his advice if i couldn't pay the payments.

the monthly payments are $347.93/mo my SS is $1441/mo the blue book value for the car is about $8000

cortrightlaw : The answer would depend on wether or not you had the car and listed it on your original bankruptcy, if that is the case then the debt was discharged and alls they can do it take back the car and not pursue you for the deficiency. That is unless you bought it after you filed bankruptcy or reaffirmed the debt.

i did not have the car before i filed, but was bought before we went to the hearing. it was never mentioned at the hearing, but the man i spoke with at the credit union said it was part of the bankruptcy. the car i had before i filed was let go back to the bank because if not the lawyer said the court would take it away.

so i did. would it help if i called the lawyer i filed the bankruptcy with and ask her to call the credit union on my behalf. i am afraid if i stop paying and they take it back they can come after me for the full amount of the loan and i can't pay that that is about $15,000 and i need a car

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Customer: replied 4 years ago.

i replied above i just didn't know how to send it

You definitely need to talk to your attorney, if it was purchased after the filing date of the bk I would say it is post bk and not discharged in the bankruptcy.
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