Post 341 Questions

[Drumking88]

First off, a huge thank you to everybody on these forums. This has been a huge asset and a huge stress reliever during this whole process. I just have a few questions.

My wife and I filed on 7/25/16.
341 meeting was on 9/12/16.
Trustee marked case as NDR on 9/24/16

Question 1) Does the 60 day countdown start from the day of the 341 or when the NDR was filed?

Question 2) We had two vehicles from a Buy here pay here. They were included on the bankruptcy. We continued to make payments because we needed to keep the cars for the time being. Now they seem to be under the impression we reaffirmed. Is that possible without having signed any papers?

Last question) At some point this buy here pay here began reporting to credit bureaus. Now they just popped up on my credit report. Will that come off when the discharge occurs?

Thank you in advance for any assistance with these questions!

[LadyInTheRed]

The NDR has nothing to do with the 60 days. It just means the trustee has determined there are no assets to distribute to creditors. It does not prevent an objection to discharge, which I believe is filed by the US Trustee, not the panel trustee who filed the NDR. A creditor can object too, but that is less common.

Do you have reason to believe there might be an objection?

[Drumking88]

No reason to think anyone will object. Just wanted to know which date was relevant to the 60 days. So that's awesome should be 60 days on 11/12! Almost there!

[bcohen]

There is no such thing as a "passive reaffirmation". Unless a reaffirmation agreement was signed by you (and your attorney if you have one) and filed with the court, you have not reaffirmed your car loans. This is true, even if you selected the option to "reaffirm" on your Statement of Intentions, and have continued paying the loan. Once the discharge is granted, the car loans should show up on your credit reports as "account included in Chapter 7 bankruptcy" with $0 balance owed.