Aurora, CO asked in Bankruptcy for Colorado

Q: If you have a bankruptcy discharged in 2014 with a car claimed as exempt can the creditor ask for a car payment in 2016

The car lot called me 2-10-16 and left a message saying I need to call them about my car payment it's been 2 years and I claimed the federal exemption for my car so what should I do?

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1 Lawyer Answer

A: There are too many variables to give you a firm answer of yes or no. I recommend that you contact a bankruptcy lawyer to review your case (it should be no more than $100-200). If I was venturing a guess, your probably filed for Chapter 13 (reorganization). This would mean that your car was excluded from the bankruptcy and thus car payments are likely still due. Note, this answer would change if you filed for Chapter 7 (liquidation). There are several other considerations that I will not get into... If you decide to contact a lawyer, consider letting them return the phone call.

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