Legal Question in Bankruptcy in California

Can a creditor (credit union) collect on a debt that was discharged under Chapter 7? We filed for bankruptcy on May 4, 2009 and received the discharge on August 10, 2009. Our 2002 Honda was listed as exempt property in the initial filing. We meant to pay off the car and we called the NuVision credit union, who said that they would send us the papers for the reaffirmation and we should hold off on making payments until after we received the reaffirmation papers from them. We never heard or received anything more from the credit union until after the discharge, when they called and told us we owed them $3,615 and were 100 days behind in payment! We filed pro-se, and the credit union claimed that if WE had had a lawyer, there wouldn't have been a problem. We were following the instructions THEY gave us. Can they still collect from us if we have no reaffirmation agreement?


Asked on 9/01/09, 6:52 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

They can't collect from you but they are certainly entitled to repossess the vehicle if you haven't made the payments on it and did not enter into a valid reaffirmation agreement prior to discharge.

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Answered on 9/01/09, 6:59 pm


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