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    #1

    Defiency On car

    Surrendered my car in BK(at first was going to keep it but i let it go)...Debt shows as discharged on credit reports.

    I just got certified letter saying that they sold my vehicle and there is a deficiency. Should i care. Isn't this also discharged in BK?
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    #2
    Originally posted by jlaperch View Post
    Surrendered my car in BK(at first was going to keep it but i let it go)...Debt shows as discharged on credit reports.

    I just got certified letter saying that they sold my vehicle and there is a deficiency. Should i care. Isn't this also discharged in BK?
    Yes. Toss it away, you surrendered the car, the deficiency is a non secured loan and is discharged. If they attempt to collect they are breaking the law as your discharge is an injunction in your favor. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      whew

      these things always come on saturday. Can't call anybody.

      Thanks for the help...thought so...WHEW!

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        #4
        Yep, any deficiency was included in the Bankruptcy as well. However, I'd keep the letter. If you filed with an attorney, contact them on Monday and let them know that you received a deficiency "bill". If another one comes in later, contact your attorney again to take action. They cannot collect on that deficiency.

        It probably says somewhere at that bottom that if you filed Bankruptcy, then this is just a notice and not a request to collect a debt.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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          #5
          We got a letter like that also. It's just standard for them to send it no matter what but you aren't responsible for the balance.
          4/09 Converted to a Ch 7 due to loss in dh's income
          5/09 UST now involved no idea what happens next
          7/09 UST has decided to withdraw his motion to dismiss!
          7/27/09 DISCHARGED!!!

          Comment

            #6
            Originally posted by jlaperch View Post
            Surrendered my car in BK(at first was going to keep it but i let it go)...Debt shows as discharged on credit reports.

            I just got certified letter saying that they sold my vehicle and there is a deficiency. Should i care. Isn't this also discharged in BK?
            it will be taken care of in your BK. you don't need to pay anything. YAY!
            Filed Pro Se: 10/16/2009
            341 Scheduled: 11/23/2009
            Last Day for Objections: 1/22/2010
            Discharged: 1/28/2010

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