Legal Question in Bankruptcy in Virginia

I filed Bankruptcy 2 years ago. I did not include my car loan in the bankruptcy, and continue to make payments until it was paid off. They are now billing me 400.00 in legal fees they incurred from papers they received regarding the bankruptcy. Is this legal to charge me these fees?


Asked on 3/18/10, 5:24 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Unless the contract you had for the car loan authorizes them to charge you these fees, NO, it is not legal. In other words, unless you AGREED to pay such legal fees in the contract itself, they cannot just add fees because they feel like it.

Unfortunately, many companies do this, especially collection agencies. This is often hogwash. Not always. You have to read the contract. But they DON'T read the contract. They just hope you will pay it.

In fact, because the loan contract is a pre-bankruptcy debt, they may even be violating the law by trying to collect it. I mean this is different from not having the right to collec the money. They could actually be violating the Federal bankruptcy law and be potentially facing problems if this became an issue.

The only reasoon they might not be in trouble for this is that the car loan was not discharged in the bankrtupcy and you "assumed" the loan by continuing to pay it and keeping the car (even if you did that informally and unofficially without putting it on the bankruptcy petition forms). So you would have agreed to pay whatever the loan contract says.

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Answered on 3/30/10, 9:15 am


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