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  1. #1
    Join Date
    Oct 2008
    Posts
    5

    Exclamation Bankruptcy in Wisconsin

    My question involves bankruptcy in the state of: Wisconsin. My wife and I filed a chapter 7 bankruptcy. We surrendered one car, and wanted to reaafirm the other, howver, the lender would give us no billing or take no money because we had filed bankruptcy. Therefore nowhere to send money, bankruptcy court would not allow reaffirmation of other. So bankruptcy is discharged in July, we are in OCTOBER and got a lien release for vehicle to be surrendered, so it has been sold. Now lender who wanted nothing to do with me calls and wants to know where car is or able to be picked up at. What do I do, debt was discharged, attorney would not call me or see me after discharge so we sold it as we need a furnace in house, it was 28 degrees already here. It gets cold with no heat. So am I in deep doo doo, or since they gave me a release and debt was discharged in Bankruptcy am I ok?
    PLEASE LET ME KNOW WHAT TO DO!!!

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Bankruptcy in Wisconsin

    Are you saying you sold a car that was not paid off and that you were to surrender & used the money from the sale to buy a furnace & now the creditor is wanting the car?

    How much was the car worth? You should have talked to a lawyer or the trustee before doing this.

    add: Even if a car loan is discharged in a Chaprer 7 bk, you need to give back the car.

  3. #3
    Join Date
    Oct 2008
    Posts
    5

    Default Re: Bankruptcy in Wisconsin

    it was paid off, I got the lien release for it from them and now they are calling to come get it. Why did they give me lien release. I tried lawyer but no one would call me back.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Bankruptcy in Wisconsin

    When you say it was paid off, you don't mean you paid it off do you? If you still owed on it & the balance discharged in bk, then you needed to surrender the car to the lender/give it back. You can't have a car loan discharged in bk & keep the car. (unless possibly it was a small amt. owed & the lender doesn't bother coming after it)

  5. #5
    Join Date
    Oct 2008
    Posts
    5

    Default Re: Bankruptcy in Wisconsin

    so now what could happen to me>

  6. #6
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Bankruptcy in Wisconsin

    If they wish to pursue the matter, they can sue you for what's owed them. If they win and your state allows, they can garnish your wages, levy your bank account(s) and tax returns, and place leins on any property that you may own in order to collect the judgement.

  7. #7
    Join Date
    Oct 2008
    Posts
    5

    Default Re: Bankruptcy in Wisconsin

    I just want to first say thank you for your insight. I dont know if are good at bankruptcy law but just have a couple questions if you are.
    1: I forgot in post to add that the lienholder on title was other than that of the actual lienholder, why that is I do not know. Vehicle got screwed up, so I contacted lienholder to get it, and got lien release so I sold it. Later finding out that they were wrong lienholder and this went thru courts and lawyer with wrong lienholder on title the whole time, so the rightful lienholder claims.
    Do I have a chance here, or am I still screwed?

  8. #8
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Bankruptcy in Wisconsin

    The lender might still go ahead & pursue what you owe them - I don't know what they will or will not do. Sometimes it depends on how much was owed on the vehicle. If the amount is fairly low, some creditors will not bother pursuing payment or repo of the car (I know you don't have the car in your case) though others will for any amount.

    If you have any add'l. questions re the "screw up" of the lien when going through bankruptcy, I believe you are going to have to talk to your/a bankruptcy lawyer.

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