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Post Discharge Repo Liability

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    Post Discharge Repo Liability

    I thought I'd post this because it was something I was concerned about. I initially indicatd that I was going to keep my car (2008 Nissan Maxima), but then never paid on it. Eventually Nissan filed a motion to get out from under the stay. They were kind enough to give me another four months with the car. All along I was worried that Nissan would come after me for the payments I didn't make post-filing, wear and tear and repossession costs.

    They got the car last week. Yesterday I got a letter from Nissan telling me how much I owe if I want to redeem the car and all of the costs and fees I am liable for. I was getting a little nervous until I flipped over to the back and saw a paragraph, in ALL CAPS, stating (going from memory here)...

    BANKRUPTCY NOTICE: IF YOU FILED BANKRUPTCY AND INDICATED THAT YOU WERE RETAINING THE VEHICLE THE LIABILITY PROVISIONS ABOVE DO NOT APPLY TO YOU. THIS LETTER IS NOT AN ATTEMPT TO COLLECT A DEBT FROM YOU. NISSAN MOTOR CORP WILL PURSUE NO MATTER EXCEPT TO THE EXTENT PERMITTED IN THE BANKRUPTCY MATTER.

    It made it pretty clear that I had nothing to worry about.

    #2
    Correct, so long as you DID NOT Reaffirm the debt in your BK, you would not be liable for deficiency, fees, and costs associated with the repo.

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