Legal Question in Bankruptcy in Georgia

I filed for bankruptcy however kept my car and continued to make payments. One of the payments during my filing to auto lender has not applied to my account. I sent a copy of the cancelled check from my bank and the lender still has not resolved. It has been 14 days.


Asked on 5/29/18, 3:18 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You don't indicate if you reaffirmed. That is the only way to legally keep a car (although it's almost always a bad idea). If you just "retained and paid" you discharged the debt, your payments are irrelevant and they can take the car at any time, and retain payments you make voluntarily.

Either way, customer service issues like this are easily fixed. Go up the ladder, find the lender's CEO, and contact him directly. Most problems get fixed that way. Be aware however that you need to tread lightly unless you reaffirmed, as they are free to get the car even if you pay.

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Answered on 5/29/18, 3:23 pm


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