Legal Question in Bankruptcy in North Carolina

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

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

3 Answers from Attorneys

Kenneth Love Ken Love Law

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

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Answered on 9/05/13, 6:00 pm

Charles Andersen Charles Andersen, Atty

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.

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Answered on 9/05/13, 6:30 pm
Thomas Zimmerman Zimmerman Law Office

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

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Answered on 10/10/13, 7:14 am

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