can a this be retro actively included in a bankrucpty

August 7th, 2007 by Questions

I filed for bankrupcty in Feb 06 and was discharged in Nov 06. While in bankrupcty my partner and I were able to finance a van, but the payments were too much and unfortunatley we tried to give it back, but the finance company wouldn\’t hear of it. Finally they repossed the van. We have contacted them as to what was owed etc since but have heard nothing. Now just last week they contacted my partners work to garnish his wages. We never recieved any letters or anything even stating that it was in collection. My question is would we be able to include this in our bankruptcy as we were bankrupt at the time.

Questions

One Response to “can a this be retro actively included in a bankrucpty”


, Barton Goth GCO Bankruptcy Trustees said:

The only way this could be included in the bankruptcy would be if you indicated to the secured creditor prior to bankruptcy that no more payments would be made on the vehicle and informed them that they needed to collect their property and actually ceased making payments on the vehicle.

Otherwise it is an after bankruptcy debt and cannot be cleared by the bankruptcy.

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