Question about homes and walking away

[justbroke]

I know in a car loan, which is also secured loan, even if you don't sign an affirmation agreement to keep the car on a bankruptcy by keeping current on the payments if you default on the loan after the discharge of the bankruptcy you can be liable for any damage to their property or negative equities.

Interesting. I see nowhere in the code that States that you suddenly have in rem responsibility for a vehicle not reaffirmed. The fact is that smart car creditors will force the debtor to choose redeem, surrender or reaffirm. Smart car creditors will not let a debtor "retain and pay" precisely for this reason. If the creditor fails to force a choice, that's their own fault. I do not see how this magically make it an in personam liability again.

Can you cite several cases for us? Would be interesting.

[liz417]

I know in a car loan, which is also secured loan, even if you don't sign an affirmation agreement to keep the car on a bankruptcy by keeping current on the payments if you default on the loan after the discharge of the bankruptcy you can be liable for any damage to their property or negative equities.

Wanted to bump this thread because I wanted to know the source(s) as I plan on giving up a car next year.

[goingcrzy]

adding my name so I can follow too.

I want to turn in a lease soon that I have been able to ride through. I am thinking of letting them come get it so I don't have to deal with the dealer and any turn in fees.