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Car returned 2 years after bankruptcy

Hi. I had a joint car loan account with my wife which we received in 2005. I filed for bankruptcy in 2006 but kept the car and kept making payments for almost 2 more years till 2008 until my wife also filed for bankruptcy. At that time we told the trustee that we want to return the car and trustee contacted someone who came and repossed the car.

My questions is, should my car loan be considered gone under bankruptcy since it was obtained prior to filing my bankruptcy ( even though I kept on making payments for 2 additional years). I just Checked my credit report. It does not show bankruptcy or any other debts on my report other than the car loan. It shows bad debt under HSBC Auto loan and also same loan under a collection agency.

Posted from: Ontario

One Response to “Car returned 2 years after bankruptcy”

A licensed trustee said...

Secured debts are not dealt with under bankruptcy law unless you surrender the security when you file for bankruptcy. In your case, you continued to use and make payments for the car after you filed so the car loan was not included in your bankruptcy. Sorry, but you are still legally liable for the car loan – your wife isn’t, since the car was surrendered when she filed, but you are…