I posted this question in the chap 7 area, but maybe someone is lurking over here will see it and have an input to this as well.. I was wondering if the car company reports to the credit bureaus when you do a Refirm with your auto after your bankrutcy has been discharged ?? Are there any new laws i should be aware of ??
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Originally posted by RainMoM View PostI posted this question in the chap 7 area, but maybe someone is lurking over here will see it and have an input to this as well.. I was wondering if the car company reports to the credit bureaus when you do a Refirm with your auto after your bankrutcy has been discharged ?? Are there any new laws i should be aware of ??
If you reaffirmed your car loan (something most lawyers tell their clients not to do), then your car lender should report your payments to the credit bureaus. If your lender is not reporting the payments on a reaffirmed loan, contact the lender directly and request the payments be reported.
However, if you did *not* reaffirm your car loan, then it depends on whether your car lender is willing to report the loan payments or not. Frankly most lenders will *not* report car payments on a car loan that was not reaffirmed because legally after discharge, you no longer owe whatever remains on the loan. You could walk away from the car loan any time you wish. At least, this is the reason used by lenders who don't report car loan payments in this situation.
Ask your lawyer if he/she knows how your car lender handles reporting car payments after discharge.
Also keep in mind that reporting to credit agencies is always voluntary for the creditor. Unless you have a written agreement with the lender that your loan payments will be reported to the credit agencies after discharge, you can't legally compel them to report, no matter what the circumstances.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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Yes.. We did reaffirmed both of our cars.. the judge did approve us, which I'm very greatful for.. our payments are very low, I pay $140.00 for mine and hubbys pays $240.00 for his.. with only 2 years left on each of them.
We haven't pulled a credit report since being discharged as of yet.. I was thinking of waiting till about March to do so. I very surprized that the judge allowed us to keep both cars, seeing I'm a stay at home mom..
thanks for your input ☺Filed on 7-17-09
waiting for 341
341 meeting 8-21-09
discharged/ case closed 12/23/2009
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Just for some more info, I have Ford and re-affirmed. Once the paperwork went through, Ford took IIB off and changed it to Reaffirmed debt. Now it looks as though it is reporting again as it says PAID ON TIME and has a updated date of 1/10. This is great news for me because I refuse to get a CC and I need some positive tradlines.New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!
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Originally posted by LSUTiger32 View PostJust for some more info, I have Ford and re-affirmed. Once the paperwork went through, Ford took IIB off and changed it to Reaffirmed debt. Now it looks as though it is reporting again as it says PAID ON TIME and has a updated date of 1/10. This is great news for me because I refuse to get a CC and I need some positive tradlines.Filed on 7-17-09
waiting for 341
341 meeting 8-21-09
discharged/ case closed 12/23/2009
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