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Full Version: BKed auto lease and walking away 2 years later...
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pastpolls


That is what my BK papers said. We did NOT sign any re-affirm papers and filed in a ride-through circuit. I am about to "blow the miles" on a lease with 23 more payments. I have been approved for a new loan through citifinancial with 10% interest (pretty good with no real car credit since the BK). I want to buy a car, but I want to make sure I will have no liability to the leasing company.

Opinions please... I am planning on calling the leaing company and asking them... but I want to have my info straight first...
hoapres
You probably got a good deal from Citifinancial under the circumstances. If you had a BK attorney then consult him for advice regarding the lease. If you filed the BK pro se then you are going to have to check the BK rules for your jurisdiction. You may be able to simply drop the car off.
mk_378
It appears that you have voluntary payments and can walk away from any of those loans. The "Debt will be reaffirmed" column is not checked. However you should check with the court to be sure.

This is an interesting point that I don't know. If he did keep up voluntary payments until the end of the lease and then returned the car, but it was over miles, would he be required to pay the penalty specified by the contract? It would seem that the worst they can do to you for not making voluntary payments on an IIB contract is take the car away, in whatever condition it is.
pastpolls
I have put a call into my attorney's office. During the initial call the attorney said that he believed there to be no liability whatsoever if I turn it in now, and that I could blow the miles and turn it in later and they would have no recourse either. He thought it strange that they did not demand a reaffirm because, on the surface, it is a lose, lose for the lease holder unless I was a perfect customer.

He asked me give him until monday for him to draft me a letter as to what the liability really is, so I will let the board know once I get it.
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