Bankruptcy Law

Bankruptcy law questions? Ask a bankruptcy lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I declared bankruptcy in 2014 and kept my car but did not…

I declared bankruptcy in...

I declared bankruptcy in 2014 and kept my car but did not reconfirm the loan. Just made payments. In 2015 a truck hit me from behind and the insurance company gave me $1700 to fix the car which I did not. The car has 158,000 miles on it and now I want to turn it back into the bank ( which they agreed to come pick it up but they do not know about the $1700 of damage). Will I have to pay the bank the $1700 or since the car is not worth anything due to the high mileage now ( KBB estimates about $500 worth - its a 2013 - even before the damage it was only worth KBB approx. $1000) will they just call it a day and sell it for scrap? I live in NJ btw.

Lawyer's Assistant: What state is this in? And how old is the truck?

NJ and it is a car - 2013 with 158,000 miles. It was brand new when I bought it.

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

No. The car was included in the bankruptcy and I did not reconfirm the loan. Just made the payments. I just called the bank yesterday to arrange pick-up

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just got approved to buy a used car through a different bank and I am supposed to pick up the vehicle tomorrow. Ok

Show More
Show Less
Ask Your Own Bankruptcy Law Question
Customer reply replied 1 year ago
Oh and I filed a lawsuit against the other driver because I sustained injuries from the accident so I am suing for my medical bills, etc...
Answered in 8 minutes by:
4/25/2017
DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
Verified

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Ask Your Own Bankruptcy Law Question
Customer reply replied 1 year ago
Ok thank you. I appreciate it

That's an interesting question actually. You are definitely not liable on the debt for the vehicle but since the accident happened post-petition you could have to use the money to fix the vehicle. I will have to do some research on this one. Please be patient. Thank you.

Ask Your Own Bankruptcy Law Question
Customer reply replied 1 year ago
Ok thanks. If it helps, right after it happened I did ask the attorney I worked with for the bankruptcy what he thought and he said "off the record" they probably won't come after you since even back then it had a ton of miles on it but.....I just want to be prepared seeing that it is now 3 years later and now I am actually returning the car...ha

haha ok, I suspect that will be the result. That they could but will not come after you. But let me see if I can find some case law on it.

Ask Your Own Bankruptcy Law Question
Customer reply replied 1 year ago
Ok thanks. I appreciate it.
Customer reply replied 1 year ago
Hi Rich - were you able to find any case law references?

Hi, sorry, no I did not find any case law. I have concluded that is because this is not a bankruptcy law question. We know since you did not reaffirm, you are not liable for the debt secured by the car and it is discharged in the BK.

Also, since the accident happened post-petition, any money received from it is not property of the estate.

The only issues then is between you and the insurance company. I am actually surprised that the repair shop wasn't paid directly or the check was not joint-issued to you and your insurance company., Your loan agreement with the bank might say that any insurance paid for repairs must be applied to the vehicle and so then you would be in breach of that loan agreement.

I would not say there is any fraud issue unless the check was issued to you and the bank and you cashed it anyway without their signature.

So this guys back to my initial thought that probably they are entitled to it but won't do anything about it. Did they get the car yet and have you heard from them? Thanks for your patience.

DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,038
Experience: Attorney at Drake Law Firm PLC
Verified
DrakeLAW and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year ago
Hi - thank you. I did return the car to them on Wed of last week and I have a certified letter that I have to pick up from the this morning. I am assuming that's them notifying me that they are in possession of the car and I'm no longer responsible for it. I have the money if I need to pay them what the insurance paid me so I'm not overly worried about it and i intended to just pay off the loan and keep the car so no fraud was intended on my part (the check was made out directly to me) but after two more years went by I was like forget it! Thanks for the help - I'll let you know what the letter says so you know for a future question for someone else...
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a bankruptcy lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask DrakeLAW Your Own Question
DrakeLAW
DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,038
1,038 Satisfied Customers
Experience: Attorney at Drake Law Firm PLC

DrakeLAW is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,720 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

513 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
I co-signed for a car loan for my son who lives in Illinois.
I co-signed for a car loan for my son who lives in Illinois. He is now filing for bankruptcy. If the car is included in the bankruptcy, will I also have a bankruptcy on my credit reports?… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,815 satisfied customers
I am a ch 7 pro se filer. I have an vehicle that was charged
I am a ch 7 pro se filer. I have an vehicle that was charged off months ago after i communicated struggling with the last of several balloon makeup payments. The finance company is advised that it wou… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
I entered into an agreement for a business loan with a bank
I entered into an agreement for a business loan with a bank in 2007. In 2011 I fell behind in my payments and was sued. In a settlement, I resumed payments at a lower rate but with a balloon payment o… read more
Maverick
Maverick
Doctoral Degree
6,136 satisfied customers
Hi I hope you are well. My Husband and I bought a Car In august
Hi I hope you are well. My Husband and I bought a Car In august of 2013 we Financed it for six years and the payments are high because are credit was bad my husband had lost his job and had been looki… read more
A.J.
A.J.
Attorney
Doctoral Degree
262 satisfied customers
My daughter filed for personal bankruptcy in Sep 2013 and listed
My daughter filed for personal bankruptcy in Sep 2013 and listed a Chevy Tahoe as an exemption. She erroneously listed the car as a 1995 vs 2005 and the trustee filed an objection stating "The ve… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
I file chapter 7 bankruptcy and went to the meeting of the
I file chapter 7 bankruptcy and went to the meeting of the creditors 8/9/2013. The trustee said I would receive my discharge within 90 days. My question is I am going to reafirm a new car I purchased … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I went under bankruptcy last summer primarily for being behind
I went under bankruptcy last summer primarily for being behind on my mortgage. My vehicle and mortgage was put in the plan. I have a second on the mortgage that I thought was combined with the first i… read more
Fritz
Fritz
Attorney
209 satisfied customers
Hi, Please use Q/A format. I can not Chat. My wife filed
Hi, Please use Q/A format. I can not Chat. My wife filed a chapter 7. I did not file with her. All of her CC debt belong to her. She has no property in her name. We rent. I have an investment property… read more
cortrightlaw
cortrightlaw
Attorney
Doctoral Degree
513 satisfied customers
what is worse, chapter 7 bankruptcy, and continued payments
what is worse, for your credit that is, and eventually getting a loan in the future, chapter 7 bankruptcy, and continued payments on your auto loans, or a voluntary repo, and an eventual ch.7 bankrupt… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
I plan to file a Ch 7 in Cal. In 2005, my dad added my name
I plan to file a Ch 7 in Cal. In 2005, my dad added my name to his house for estate purpose. In March 2009, we get an equity loan secured by his house for me to put down payment to buy another house a… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
In the event it becomes necessary for us to go bankrupt, I
In the event it becomes necessary for us to go bankrupt, I was told they wouldn't, take our two cars as one is a Chevy Avalanche 2003 with 140,000 miles and the other is a Saturn 2002 with 118,000 mil… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
We filed Chapter 7 in AZ a few weeks ago and our meeting of
We filed Chapter 7 in AZ a few weeks ago and our meeting of the creditors is next week. We had to file because I lost my job and we could no longer afford to pay our mortgage (Wells Fargo) or our cred… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
I have very little assets. A car worth little about 6 ot 7
I have very little assets. A car worth little about 6 ot 7 thousand keyed badly the leaving of the place where a judgement was placed on me for 2600. I have in contact with a bankruptcy JD C furano sp… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
I am the primary loan holder on my car loan, and my mother
I am the primary loan holder on my car loan, and my mother cosigned for the loan. She recently filed for chapter 13 bankruptcy, and her bankruptcy is showing up on my credit report as MY bankruptcy, a… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
My wife and I filed for bankruptcy about 4 years ago. We opted
My wife and I filed for bankruptcy about 4 years ago. We opted not to include our home with the bankruptcy. We have stayed current on the mortgage up until this point. Our bankruptcy attourney told us… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
turning the car into the bank or fighting the auto machanic
i am from los angeles if i hire an attorney i would bay 1/3 wich would be about 4000 so i would break even and the bank has their money and one less debt on the bankruptcy or go all the way. I cannot … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
I PLAN TO FILE FOR CHAPTER 7 BK. I OWN A VEHICLE THAT IS WORTH
I PLAN TO FILE FOR CHAPTER 7 BK. I OWN A VEHICLE THAT IS WORTH $10,150 KBB RETAIL. ALL MY OTHER ASSETS ARE LESS THAN $1,500....CAN I KEEP MY ONLY CAR...I LIVE IN THE STATE OF FL.… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I am being sued by a collection agency who purchased a credit
I am being sued by a collection agency who purchased a credit card debt that i have. The amount is about 4800, plus interest for three of four years. I talked with a lawyer about 6 months ago, who cal… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x