What to do if I filed bankruptcy last year but I just noticed that my car was accidentally included and I’ve been making payments?

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What to do if I filed bankruptcy last year but I just noticed that my car was accidentally included and I’ve been making payments?

It was not suppossed to have been included.

Asked on April 5, 2013 under Bankruptcy Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you are making payments on the car, the car should be listed in the bankruptcy because all creditors should be listed. The bankruptcy should state that you are reaffirming the debt.  This means that you keep the car and continue making payments.  The car should also be listed under exemptions.  Exemptions are the items which are protected from claims by the creditors.

If you want to make a change in your bankruptcy, you will need to file an amendment to the bankruptcy with the bankruptcy court.


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