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    Question on reaffirming cars and credit report.

    I reaffirmed two cars with Ford Credit, one was approved my the court and the other was a lease and Ford did not request court approval, more of a lease assumption. Well checking my credit reports I noticed they are listed as "Discharged in Chapter 7 Bankruptcy" with no balance showing, which is not the case.

    I filed disputes with those that showed it as being such, am I correct in what I believe is the case that these should not be listed as being discharged?

    #2
    AFAIK, the one that was reaffirmed shouldn't be reported as "discharged". The other one, however, is reporting correctly if there was no official reaffirmation.
    Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
    FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
    FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

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      #3
      Even though I signed reaffirmation agreement with Ford Credit's representing lawyer for that vehicle? I have to check Pacer, but I am sure they both were filed. To my understanding I cannot walk away from the leased car and they never showed up to repo it.

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        #4
        I really do not understand why anyone would want to lease a car vs having a direct payment to own the thing. (Yes, I have read about the exchange, etc, etc, etc. w/o real responsibility for it, and still do not understand.) You still don't have a car, after all this is over.

        Me, personally, I would have reaffirmed the auto loan if it had around 10 months or so to be done with. I would NOT reaffirm the lease under any circumstance.

        Sorry. I know this does not help answer your question; this is my opinion.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

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          #5
          Leases are for people who use their cars for business and want the tax write off or who think they need a brand new car every couple of years. I understand the first reason, but not the second one. I buy a car, pay it off and then drive it until maintenance and repairs make buying a new car a reasonable financial decision.

          My understanding is that a lease is assumed by the trustee. It's not the same as a reaffirmation. I am not familiar with how a lease assumption works. But, I do know that a reaffirmation agreement must be filed with the court to be valid and the debtor's attorney must certify it is not a hardship. If the attorney does not make that certification, the judge must approve the reaffirmation. No attorney certification or judge's approval, no reaffirmation.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


            #6
            Originally posted by ccmisery View Post
            Even though I signed reaffirmation agreement with Ford Credit's representing lawyer for that vehicle?
            As LadyInTheRed said, what it boils down to is the question if your signed reaffirmation agreement became official - aka signed by the attorney/judge.
            Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
            FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
            FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

            Comment


              #7
              I am not asking the leasing vs. financing question, either or has it's disadvantages and advantages based on your situation and cash flow. I just wanted to see why my cars were showing both as included in my discharge which is not the case and is a negative on my credit report(s).

              In a nutshell at the time, if I did not assume the lease and reaffirm my financed car, I would not have a vehicle to get to work, so I had little options at the time since we need two cars and work in different locations so we cannot car pool. I also previously owned a car for 15 years that was paid off when I bought it, this alone did not help me get out of debt but it was nice not having perpetual car payments. I did however dump nearly $8000 into the car over the life of it. I suppose that is not really too bad but cars are not good investments either way. I never leased before, but at the time my wife needed a car and I could not afford the financed payments to buy it. So leasing was the only option, also did not have good enough credit to get decent rates to finance a cheap used car.

              The leased car only has less than a year left on it, I did not feel at the time having one car would work in my situation, as well the car would have shown "discharged in bankruptcy" and would be a negative on my credit report(s), which my credit cards included are showing and some of which will be on my reports till 2019.

              I signed two legal documents with Ford Credit for both cars, both my attorney and Ford's signed both, but like I said only the financed car was brought before a judge who approved it. Both show in Pacer as well, but yes from what I read only the financed car is truly "reaffirmed" because the judge approved it. Possibly there was a no due cause by Ford or the courts to bother with the leased car since it will soon end?

              I have disputed the record with all three credit agencies, as of this morning TransUnion sent me an update and they removed the leased car from my credit report entirely, which I thought was odd since I thought this would be a plus on my credit report. The financed car was updated to show "Reaffirmed" and not included in the BK. So it now shows correctly. 1 down 2 to go.

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