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  1. #1
    Join Date
    May 2014
    Posts
    1

    Default Returning a Car to the Bank After Filing Chapter 7 Bankruptcy

    My question involves bankruptcy in the state of: virginia

    If i willfully give my car back to the bank after a chapter 7 has been filed and discharged, does it still go on my credit? I did not reaffirm the debt.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Willful Repo After Bankruptcy

    It's already on your credit. I'm not sure what you are asking.

  3. #3
    Join Date
    Sep 2010
    Location
    Florida
    Posts
    153

    Default Re: Willful Repo After Bankruptcy

    Yes it should already be on your credit report and show as zero balance owed and IIB or included in bankruptcy. It should not change on your report if it goes back. You took the hit for it already with the BK.

  4. #4

    Default Re: Willful Repo After Bankruptcy

    I don't think there is a difference between willingly returning a car or the repo man taking it after a bankruptcy. I filed bankruptcy and it was discharged recently. I did not reaffirm the car and no one has claimed it yet. I asked my attorney and he said turning it in "voluntarily" was no better than the repo man taking the car. So, I'll continue to drive it until I am ordered by the court to give it up. I have not made a payment on the car in 7 months and I filed bankruptcy in early February.

    What really angered me were the repo men wandering around my property with dogs and flashlights in the middle of the night and yelling /pounding on my door looking for the car before I filed the bankruptcy. Because of that, I am going to make the creditor spend their money on a court order.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Willful Repo After Bankruptcy

    Quote Quoting teacher94565
    View Post
    I don't think there is a difference between willingly returning a car or the repo man taking it after a bankruptcy. I filed bankruptcy and it was discharged recently. I did not reaffirm the car and no one has claimed it yet. I asked my attorney and he said turning it in "voluntarily" was no better than the repo man taking the car. So, I'll continue to drive it until I am ordered by the court to give it up. I have not made a payment on the car in 7 months and I filed bankruptcy in early February.

    What really angered me were the repo men wandering around my property with dogs and flashlights in the middle of the night and yelling /pounding on my door looking for the car before I filed the bankruptcy. Because of that, I am going to make the creditor spend their money on a court order.
    The creditor doesn't need a court order at this point. They just need the repo man. While your bankruptcy case was still pending they could not take any action. Now that your bankruptcy has been discharged they can send the repo man again.

  6. #6

    Default Re: Willful Repo After Bankruptcy

    Quote Quoting llworking
    View Post
    The creditor doesn't need a court order at this point. They just need the repo man. While your bankruptcy case was still pending they could not take any action. Now that your bankruptcy has been discharged they can send the repo man again.
    They need a court order if they want to get my car. A repo man can only do so much. They can't break and enter as that would subject them to criminal and civil penalties. They can't threaten as that would leave them open to criminal and civil penalties. They can't trespass as that leaves them open to criminal and civil penalties.

    The automatic stay only lasts 45 days so technically the repo man could come after the car before a discharge.

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