What to do if I filed Chapter 7 and included as a debt was my car which I did not re-affirm?
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What to do if I filed Chapter 7 and included as a debt was my car which I did not re-affirm?
On the 8th of last month I was served a summons to Complaint and Objection to Discharge. I then received notice that I was granted a discharge dated the 14th. It did not specifically state the car as not being discharged; it states that creditors may not file or continue a lawsuit. So, is it discharged or can they continue with the lawsuit?
Asked on December 6, 2013 under Bankruptcy Law, Utah
Answers:
Terence Fenelon / Law Offices of Terence Fenelon
Answered 10 years ago | Contributor
If the objection to discharge was filed prior to the discharge, you must defend that action or the debt which is being sought to be discharged will be excluded and you may still be liable. In any event, the creditor could repossess the car after a discharge as the discharge forgives your personal liability to the creditor but does not extinguish the lien upon the vehicle.
Brett Weiss
Answered 10 years ago | Contributor
Sounds as if the complaint dealt only with one debt; the discharge applies to everything else and will apply to the debt in the complaint if you win.
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