Expert: Mark J. Markus- California Bankruptcy Attorney - 4/10/2007

Question
Our CH 7 bk was discharged in Oct of 2005. we had a leased vehicle from a
Nissan dealership in the San Fernando Valley (leased on April 2005 before we
filed). after the discharge they sent us a letter stating that under the bk we
were not liable to keep making payments however if we wanted they would
continue sending us bills in the mail and we could keep using the auto. I
never responded or reaffirmed the debt. I did however continue making
payments on the auto until DEC 2006 (I needed the use of the vehicle). In the
process I missed 2 payments and they sent a letter demanding payment or
they would reposes the auto. The auto was repossessed in January of 2007. I
got a certified letter saying that we may be liable for the deficiency amount of
the auto. They recently sent me another certified letter but I am afraid to pick
it up because i am most definite that it is a demand for payment of the
deficient amount. What should I do from here? Please help

Answer
If you did not reaffirm the debt, then they cannot collect on any deficiency, although they can repossess the vehicle.  Their attempt to collect on the deficiency is a violation of the post discharge injunction contained in 11 USC  524.  You should have your attorney send them a strongly worded letter to that effect.