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Okay, about 3 years ago my husband and I voluntarily surrendered our vehicle. Now we are looking at bankruptcy. We haven’t received a judgment against us for the vehicle as of yet. However I pulled my hubby’s credit report for the bankruptcy and saw that the auto account had been sent to an attorney. IF the attorney for the auto gets a judgment against us, can this be discharged in a bankruptcy?
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John H is absolutely correct. Try and file before they take you to court and receive the judgement, that way you won’t have to deal with a garnishment against your wages, or liens against property. As soon as you file and they notify the creditor and/or attorney’s office, it will cease from contact or suing. Good Luck!
Comment by S P — July 3, 2009 @ 9:07 am
Yes. This is a deficiency judgement on the unpaid balance after the car was sold. It is now unsecured debt. List it in the BK and it will be discharged.
Comment by John H — July 3, 2009 @ 9:07 am