Legal Question in Bankruptcy in Virginia

I am in the process of filing bankruptcy and including my car. My problem is, my appointment for filing is a couple of months away and I have to let my car go now. My car insurance runs out this weekend and I have to cancel the policy and call DMV so my license will not be taken from me from being uninsured. I would like to know if I voluntary give up my car to the agency that holds the loan, will I be able to put it in the bankruptcy or can I only put it there if it is taken from me?


Asked on 6/29/10, 5:23 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

If you can't get an appointment for a couple of months, you may want to look for another lawyer.

As for the car, you will be able to discharge any deficiency on the car loan whether or not you file bankruptcy before returning or repossessing the car. Whether it is surrendered voluntatrily or repossessed involuntarily makes no difference.

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Answered on 6/29/10, 10:07 am


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