What to do if I had my vehicle loan through my bank but went through Chapter 7 and did not reaffirm the loan?

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What to do if I had my vehicle loan through my bank but went through Chapter 7 and did not reaffirm the loan?

They wrote it off on my credit report as surrendered through bankruptcy. I have been paying on the vehicle each month since then. I had to surrender the vehicle this month due to money issues. While it is protected through my Chapter 7, the bank has essentially locked me out of my checking account and wont let me access any of the money in my account. Can they lock me out of my checking and savings accounts even though I am protected through my bankruptcy for the vehicle?

Asked on November 11, 2013 under Bankruptcy Law, Colorado

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

You don't specify what type of bank you are referring to.  Different banks can treat your accounts in different manners in a bankrupcy.

 

A saving and loan association may be able to offset a deciency on your payments as they are baasically secured by both the account as well as the vehicle.

In any event, you answered your own question.  They have locked you out of access to your account.  Whether their action is a violation of the bankruptcy stay is a fact dependent analysis and I would advise you to seek bankruptcy counsel in your juristiction.


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