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filed ch 13 bankruptcy, sued for repo vehicle

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my husband and i filed a chapter 13 bankruptcy in virginia courts. we had one of our vehicles filed to be surrendered upon the court date on 4-30. before going to court the vehicle was repossed on 4-13. the vehicle was under an automatic stay. after going to court, 6 wks later, the bank we had the loan thru had their attorney contact us and now sueing us for the vehicle which we do not have. we have received very scary documents that state we have this vehicle. they even sent us a copy of the title w/ our names still on it. what if this vehicle is in an accident? the harassment from this is more than we can handle. do we have any rights under the law?

[Edited by bwhales23 on 06-11-2001 at 12:15 PM]


Senior Member
Yes, you can be held liable for the outstanding balance of your car loan. A chapter 13 bankruptcy does not allow for dismissal of debts. And the title cannot have your name on it. Only the vehicle registration. Your name can only go on a vehicle title after you pay off the loan. Once the lending institution took possession of the vehicle, your liability for what happens to the vehicle ends.

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