Can a judgement from Ford Motor Credit be discharged?

[Scream2Death]

not sure because it isn't the standard credit card type.

But, I owe about 5k to Ford Motor Credit from a car I leased in Sep of 2006, which I voluntary surrendered in April of 07.

I received a Summons on Nov 26th, and I had 20 days to appear in court. I never showed up.

Would this type be discharged in BK, even though I've defaulted already.

[yoyoma51]

Yes, I believe it would discharged in a Ch. 7. In most cases, leases are not considered 'secured'.

You would want to talk to an experienced BK attorney to confirm.



PLEASE NOTE: I am not a lawyer. Bankruptcy may or may not be a best scenario for you. It depends on your situation. You may assume my advice is totally useless. Talk to an experienced bankruptcy attorney (or three) in your jurisdiction for legal advice.

[Scream2Death]

thanks again yoyo!

[keepmine]

Any deficiency balance is unsecured debt and may be discharged in a Chapter 7.

[CindyLou]

Then after the BK you will have to ask the court where th judgment is file to "vacate the judgement order" which is an easy but important part of the process.

[Scream2Death]

thanks everyone!