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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12250
Experience:  JD, MBA
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my car was repoed yesterday. I had filled Bankrupey and was ...

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my car was repoed yesterday. I had filled Bankrupey and was going to keep it but my lawer didn''t tell me i needed to make valintarty payments on it. plus the paper that i signed to lower the payments to them was never sent in to Wells Faro. Thay had the loan on my car. so right now i need to know if I tell them to keep the car can thay come back on me for the balance the is left on the car after it is sold. or do i need to try to get it back? I would have made the payments if i knew i needed to do so. please help! right now i don''t even trust my lawyer that did my bankurpy cause that paper from wells fargo that i signed was never sent so what do i do from here?

Hello and thank you for allowing me to address your legal question.

If the car loan is included in the bankruptcy, then you will not be responsible for the difference between what you owe and the car’s selling price. Therefore, the very first thing you should do is contact your attorney and make sure that the car loan is included in the bankruptcy.

With regard to not informing you to keep paying the car loan…that’s a tough question. I think the attorney should have told you, but I certainly wouldn’t call it malpractice. He may have incorrectly thought that you knew that you had to keep paying.

Last, with regard to the loan modification agreement…since you didn’t continue to pay on the loan, it may be a harmless error. In fact, the attorney may ask you why you didn’t know that you had to continue making monthly payments if you signed the paper agreeing to a modified monthly payment.

Anyway, the main issue for you is making sure the car loan was included in the bankruptcy. Good luck!

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. However, please understand that my answer is meant for informational purposes only and is limited by the facts presented. Therefore, it should not be construed as “legal advice” and is not an adequate substitute for the retention of legal counsel. Thank you and good luck!

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