Expert: Terry Leeders - 9/24/2008

Question
Almost four years ago my husband and I filed for Chapter 7. Now we are separated, awaiting a divorce. I can not afford the car we bought together and he does not want it, so I am going to surrender it. Will the creditors from our discharged BK then be able to come after me for monies owed to them?

Answer
If you signed a reaffirmation agreement, then you will be responsible for any deficiency balance owed after the repossession and sale.

If you did not sign the reaffirmation agreement, then the debt was discharged in the case.
(Both assume you listed the debt in the case, and that you had the car before the case was filed)