Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Yes, I understand that part. My specific question is Is there any case law or statutes that can be pointed to that help the debtor's position that the collateral was destroyed and and therefore the only liability was personal liability, which was therefore discharged in the bk 7? And if so, what is the resource for this.
But the debtor is not able to retain collateral that is not reaffirmed, they must either give up the collateral back to the creditor or reaffirm it. in this case, neither is possible because of the collateral being destroeyd. a cease and desist letter with the discharge was already sent to the creditor's attorney. I know what we are saying is correct with respect to liabilities, I was hoping to see if there was any other source to rely on in this case. ie: impossibility?