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What happens when I don't reaffirm a debt and don't surrender it in chapter 7 bankruptcy?

Posted by on in Bankruptcy
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The simple answer to this is...replevin.  It's one of those odd words that isn't really known outside of attorneys.  A writ of replevin is a state court remedy that allows a creditor to recover unlawfully held goods. In the case of bankruptcy, a debtor who neither reaffirms the debt nor surrenders the property is unlawfully holding the property.  Thus, the creditor must obtain judgment in state court and have the court issue a writ of replevin.  The writ must be served by a sheriff upon the debtor.  The debtor then must surrender the property or by in contempt of a court order. 

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