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I seem to be having a battle with my car co who handles my…

Customer Question
I seem to be...

I seem to be having a battle with my car co who handles my lease

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Im in caliornia

Lawyer's Assistant: What steps have you taken so far?

I filed for chapter 7 in november

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

And during that time i was dead set on keeping the cxar so i excluded from the bk

Submitted: 3 months ago.Category: Bankruptcy Law
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Customer reply replied 3 months ago
I recently had my chapter 7 bankruptcy discharged on 3/5/18 and now that the lift is up on my car I can now talk to Audi about the vehicle I lease with them, problem is they dont want anything to do with me. they are telling me I have to come up with $3500 to bring the account to a current standing by this week or the car balance of $26,000 will be due instead, they have already assigned the car to repo status, problem is they cant find me. I offered to surrender the car to them so long as they wave my liability and they refuse, not sure how to move forward.
Answered in 4 hours by:
3/29/2018
Bankruptcy Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 125,952
Experience: Attorney At Law handling education matters.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the car is up for repossession, failure to surrender the car actually can lead to charges of theft. You said they cannot find you or the car, but they can go to the DA and file theft by hindering secured property against you and have you arrested. You can contact the creditor and offer to voluntarily surrender the car for them waiving the deficiency judgment amounts, but the creditor has the cards here, because they do not have to negotiate and can insist on holding you liable for any deficiency amounts due. The only bargaining chip you have is telling them you will refile bankruptcy and include the car this time and they will get zero if they will not negotiate some better payoff with you.

This is going to be a negotiation with the creditor, but a negotiation only works if the creditor will discuss the matter with you, but if they refuse to discuss with you when you offer voluntary surrender, then legally you can reinstate your BK and include the car to get out of owing anything to them.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Satisfied Customers: 125,952
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