Vehicle Surrender After Bankruptcy in Minneapolis, Minnesota

When you file bankruptcy you discharge your liability on unsecured debts (with some exclusions, for instance, taxes or student loans) and secured debts. Due to the lien on secured assets, you need to keep paying on the debt to keep the property, but your liability on the debt is discharged through your case. As long as you have not signed a reaffirmation agreement in the bankruptcy, you can surrender your filed secured assets back to the lender during or after bankruptcy, and not be liable for any balance owed on the loan, due to the discharge. This is the same regarding involuntary repossessions as well, if after filing you fall behind on payments and have a repossession, you will not be liable for the balance, due to your bankruptcy discharge. 

Now, let’s say you filed, received your discharge and a few months later you want to surrender your vehicle back to the lender. The lender is required by non-bankruptcy state law to send you specific notices after they have the vehicle back about the timing for an auction and then details on the amounts paid and any balance owed after the auction, if there is any. Although you may receive a statement saying there is $XYZ amount owed on the loan, you are not personally liable for the debt and do not have to pay for it.  Reach out to your attorney if you have specific questions about any letters you receive or if you are receiving actual collection efforts, but generally, most letters sent from lenders regarding an auction or surrender/repossession after bankruptcy will state if you filed bankruptcy this is not an attempt to collect. 

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If you have questions about bankruptcy and would like to do a free consultation to go over your options, visit www.lifebacklaw.com to speak with an attorney. You will be glad you did!