New Hartford, NY asked in Bankruptcy for New York

Q: Can I surrender a vehicle that was listed in a bankcrupty a few years ago with out it effecting my credit now?

My then atty listed my current car and should not have. I have been paying on it monthly since and am receiving no credit for it on my credit report. Can I just surrender the vehicle now without it blemishing my current credit situation

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3 Lawyer Answers

A: Yes, as long as the debt was not reaffirmed as you represent.

Stuart Nachbar
PREMIUM
Answered

A: It really depends on whether you reaffirmed the debt or not.

A: I completely disagree with my distinguished colleagues. Any surrender of a vehicle will have a negative effect on your credit report.In a Bankruptcy petition, all your income and expenses, assets and liabilities need to be listed. Your attorney did nothing wrong. What you "receive" on your credit report is irrelevant. If you don't believe me, try surrendering your vehicle and let us all know what happens. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

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