Mansfield, TX asked in Bankruptcy and Collections for Louisiana

Q: Do I need to make payment of not ?

My Dad & I have a joint car loan accout, I went online to make payment & it said- Account in bankruptcy you can make payment if you choose but we aren't attempting to collect a Dept. -I have paid for this car sense 2016 & want to know what I need to do moving forward or will my can be taken should I make payment or no I'm confused

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3 Lawyer Answers
Tammy Lyn Wincott
Tammy Lyn Wincott
Answered
  • Bankruptcy Lawyer
  • San Antonio, TX

A: When a bankruptcy is filed the lender usually stops accepting the payments online and you must mail them in. Sometimes they will send a payment book. Check with the bankruptcy attorney who filed the case.

Justin M. Gillman
Justin M. Gillman
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Edison, NJ

A: This probably means that either you or your father have filed for bankruptcy. When you say "joint" loan, that means that you both signed the original loan documents. If that is the case, you can still tender a payment to the car loan company by either calling or mailing in the check. Always retain proof of your payments so that, if disputed, you have proof.

If either of you filed a bankruptcy case, it is common for the loan company to deny you access to their online services as they do not want to be accused of "attempting to collect a debt" in violation of the bankruptcy code. As I said, you can pay directly which could include electronic checks from your bank to the car company.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: If you keep paying for the car, you will get to keep it if you want. You may also return the car and owe nothing. Consult a bankruptcy attorney who can help guide you to the right choices.

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