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Contacting auto lender in Chapter 7

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    Contacting auto lender in Chapter 7

    In the midst of a chapter 7. My car loan is part of the bankruptcy, but the car loan is not late yet or if it is, it's only a few days. I am trying to prevent repossession, as I have only one car and that's it. Am I safe to contact the bank who holds the loan to ask if it is current or past due? I am sure I'll have to speak to their BK department to do so. I just wanted to make sure I wasn't giving up my stay rights by contacting them. Again the goal is to keep the car, at least for the time being, as a repossession would put me in a bind and I'm perfectly willing to keep the monthly payment current for the time being.

    #2
    As I understand it, the Chapter 7 protects me from repo, but the lender can file a motion to lift the automatic stay to repossess. So all I want to do is contact my auto lender to confirm I am current on my payment, so that we don't get to that point. I believe I am, but since they no longer send statements due to the stay, there's no way for me to track this online or with normal monthly statements. I just don't want to screw anything up by calling their BK dept.

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      #3
      If you are keeping the vehicle you must determine whether a.) the lender requires a reaffirmation, or b.) allows paying without a reaffirmation. Additionally you should look to see if you can redeem the vehicle. Redemption can save thousands of dollars if you are upside down with the loan. I don't think there is any debtor that thinks a reaffirmation is a good thing but it may be mandatory (e.g. Ford Motor Credit and most Credit Unions require them). With Redemption, I saved $11,000 on a vehicle from the negative equity!

      You should call them and ask them where to make payments.

      You need to decide on the redemption, reaffirmation, surrender question.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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