Longview, TX Bankruptcy Law Firms & Lawyers

It may be possible to reopen your case or file a new case and obtain possession of your vehicle. If you start a new case after one dismissed case within the past year, the automatic stay will expire after 30 days unless you prevail on a motion to extend the automatic stay at a hearing held within 30 days of the petition date. You should consult with a bankruptcy attorney regarding your specific facts and circumstances.

The following answer applies to California jurisdiction only. I don't know of any local bankruptcy attorney who would condone or suggest to a client that they reaffirm a mortgage debt. It is not in your best interest to do that so the fact that you did not reaffirm is not a bad thing. If at some point you can't afford to make the payments anymore because you have filed and received a discharge in bankruptcy AND because you have NOT reaffirmed the debt you can walk away from the property. The only remedy the creditor(s) have is to take the property, they cannot sue you for any deficiency or attempt to collect from you. The protection of the bankruptcy discharge makes any such collections illegal. A loan modification, should you get one, would not change this result. Refinancing however would because when you refinance you get a new loan and in your case it would be a loan acquired after the bankruptcy had already been filed. Hope this perspective helps. Take care.