North Carolina  |  Bankruptcy

Legal Question

Asked on: 9/05/13, 3:21 pm

For a car loan. Discharged bankruptcy 7, not reaffirmed. Is it legal for a creditor to send a right to cure letter to the debtor? All states in the US

3 Answers


Answered on: 9/05/13, 6:00 pm by Kenneth Love

If the goal of the letter is to enforce the lien which was not discharged, then yes they can send this notice.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Ken Love Law 3410 Healy Drive Winston Salem, NC 27103

Other answers from this attorney

Answered on: 9/05/13, 6:30 pm by Charles Andersen

Well, in a sense I disagree. This type of lien was never avoided in the bankruptcy, so technically speaking, their only remedy is to come and pick up the car without further notice to you.

However, in another sense, they're doing you a favor by giving you options that you don't technically have, that is an opportunity to make good on the debt with them.

If your intention was to surrender the car in the bankruptcy, the notice could be construed as harassment. http://www.superdebtbuster.com


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Charles Andersen, Atty 1761 Hotel Circle S. Suite 270 San Diego, CA 9208

Other answers from this attorney

Answered on: 10/10/13, 7:14 am by Thomas Zimmerman

Yes, you still have the right to cure. The bankruptcy discharge only serves as a permanent stay (prohibition) against collecting the debt.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Zimmerman Law Office PO Box 4599 Morgantown, WV 26505

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

70 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search