Can I include my car if I tired to keep it at first?

[epbihs]

What is the name of your state? CA
We just filed Chapter 7. We included all our bills and even though the car was in the bankruptsy we kept paying it. Now we have met with the courts and no creditor showed up - but we are finding even the car payment it just too much. Can we just stop paying the car and it will go into bankruptsy or do we have to file something and tell the courts. What do we do? We are desperate cause we can't make the payment either.

[olgethorpe]

If your car was included on the schedules when you filed, and you didn't reaffirm or redeem it, then its included in the BK. Once your BK is discharged, you have no further liability for the car. And (I'm not absolutely certain of this) you don't have to make any further payments because the car is included in the "stay" until the BK is decided. Once the BK is discharged, call the bank and tell them where to pick it up...

Ask you lawyer...

[epbihs]

I am from CA
Thanks so much for the info. I did some more searching in the documents we have for the chapter 7. Although we did NOT sign a reaffirmation for the car we signed something called an Individual Debtor's Statement of Intention where we said we were hoping to keep the car and would --- it says property to be retained: and then mentioned the car. It has an x marked where it says the car has been exempt and that we would be filling out a reaffirmation - but we have not filled out a reaffirmation. Do you think it's possible to just include it by not paying it like you said - or because we signed that statement of intention we are now sewn in to keeping it. It is just so expensive and we just can't keep it up.
Thank you for any info.
Evangelina