Surprise, AZ asked in Bankruptcy for Arizona

Q: we filed bankruptcy and wanted to keep our car, we filled out a motion to reaffirm the debt with the court but the

hearing was vacated, so the reaffirmation agreement was never signed by our attorney or a judge, months later we found that we could not afford the car and our attorney advised cause we listed the car on the bankruptcy and the reaffirmation agreement was never signed by anyone that we could give it back, 5 years have passed since we gave it back and now the auto lender is trying to sue us, can they sue?

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1 Lawyer Answer
Mallory Powers
Mallory Powers
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: As long as you received your bankruptcy discharge, the vehicle lender was notified of the bankruptcy, and the reaffirmation agreement was not approved by the Court, then the vehicle lender should not be able to continue collection efforts from you. Since there are several details to look at, I suggest reaching back out to the attorney that assisted you in the bankruptcy to let them know and confirm with them that the lender should not be collecting from you.

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