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Chapter 7 A year after

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    #1

    Chapter 7 A year after

    Hi. I just joined last night. I read this forum off and on during our filing process.
    Everything went fine in our Chapter 7 and we were discharged August 1,2006 & case closed on August 4,2006.
    We had to file due to my husbands health & being disabled.

    Now on to the question. Last week we received a letter offering us an opportunity to settle for a vehicle that was repossessed in August 2004. It was listed on the bankruptcy as a repossession. The vehicle was financed through a local bank (which has went through several name changes in the past few years) & of course sent through collections after it was repossessed.
    I haven't gotten in touch with the lawyer yet but will this week.
    I was just curious if they can legally send this type of offer to settle?

    We tried working with this bank before it was repoed & liked to have never got them to come to get the vehicle. They were very rude & at times got disconnected during a call.

    If anyone has any kind of information or help on this please let me know.
    I will be going to the lawyers office & will let you know what I find out.

    TexasLady


    Filed April 26,2006
    341 Meeting June 1,2006
    Discharged August 1, 2006
    Case Closed August 4,2006
    Last edited by TexasLady; 06-17-2007, 05:26 AM.
    Tags: None
    #2
    If the car was repo'd before (or during the BK Process), then the bank is barred from attempting to collect and are probably in violation of the Permanent Stay against the collection of discharged debt.
    Last edited by HHM; 06-17-2007, 12:11 PM.

    Comment

      #3
      If the repo and the amount still owed to the bank was discharged, you don't owe them one red cent. Let you lawyer know, and he/she will take care of it for you.
      Chapter 7 filed 4/23/07
      341 Meeting 5/22/07
      Last day for Objections 7/23/07 - Discharged 7/25/07 - Closed 7/31/07
      On to rebuilding!

      Comment

        #4
        It sounds to me like with all of the name/paperwork changes and such with that bank the reposession never got written off with the bankruptcy. As long as you made an effort to find their correct address for bankruptcy notification then you have no worries. If not then the creditor would have a legal opening only to raise challenges that they would have had while the case was open. This is according to the book I'm reading.

        It sounds like a simple case of sending them notification of the bankruptcy to clear the matter. A year having passed is not much time as far as disorganized paperwork would go.

        Comment

          #5
          Tell them it was discharged in bankruptcy give them the attorneys name phone # and case # tell them they were notified already and any further questions should be directed to your attorney and if they continue to attempt on this debt they would be breaking the bankruptcy law. Call your attorney and also tell them about the attempt to collect on the debt that should take care of it.
          Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

          Comment

            #6
            in the old law, if it was dischargeable at the time of filing then it is discharged whether they were notified or not!
            Chapter 7 Pro Se....Discharged Feb. 2006

            Comment

              #7
              Sounds like with all their name changes etc that someone failed to properly process the bankruptcy.

              I'll call them, should have contact info. Inform them of the bankruptcy, give them case number, lawyer's name and number and tell them they should contact the lawyer.

              I'd then call the lawyer and let him know. Breaking the stay from a BK can be serious, they probably will not bother you after being informed.
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

              Comment

                #8
                Thanks for the replies. I just called the lawyers office & they will call me back.
                I will let you know more when they call.
                Not really worried about it since it was included in the bankruptcy.
                I have been wanting to call the collection company & tell them about the bankruptcy but felt like I needed to talk to the lawyer first!

                Thanks again for the replies.

                TexasLady

                Comment

                  #9
                  You have an attorney, let him handle this for you....

                  Also, be sure to check your credit bureau report and make sure that this hasn't "popped back up" on you credit report as a "repo" - it should say included in bankrupty. Especially if its under the name of another bank or company....

                  Keep us posted.
                  Minny

                  "It's amazing the paths that our feet sometimes follow in life".

                  My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                  Comment

                    #10
                    The lawyer called earlier & said that since it was included in the bankruptcy there wasn't anything to worry about.
                    I figured that but just had to find out for sure.
                    He said that since the bank had changed names it probably was overlooked & the collection agency took over. If I had anymore problems to call him.

                    Thanks again for the replies.

                    TexasLady

                    Comment

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