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Car has been picked up BUT I signed something.

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    Car has been picked up BUT I signed something.

    Had car picked up today, gave the repo guy the keys. He had me sign a voluntary surrender form. I didn't read it completely, thought it was just an acknowledgment by both that it was picked up. After reading it it says that I will be responsible for any deficiency. I DID NOT SIGN an reaffirmation document. But I did sign the document from the repo man via the bank. My 341 is in 2 weeks did i blow it?

    #2
    You should, of course discuss this with your attorney, and bring a copy of the form you signed. There is no such thing as "backdoor reaffirmation", so merely signing this form does not create or acknowledge any liability for the actual car loan, deficiency balance, etc, as those debts are/will be discharged in your bankruptcy. However, a creative towing company could potentially use the fact that you signed this form after the date when you filed for bankruptcy to claim that the cost of towing fees, storage, etc are a new debt created after the bankruptcy, which you are now liable for. I'm not saying that it is technically "legal" for them to do this--I don't know. So you might (potentially) face collection action in the future from the towing company to recover these costs.

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