Cars Kept After Ch. 7

[Rick6991]

Hello all,
I filed CH. 7 in May 2004 and it was discharged in Aug 2004. I had 2 vehicles which I kept after the bankruptcy and reaffirmation agreements were never signed. In addition the payments were also never made. I received phone calls every now and then asking for the vehicles back but I never returned them. I was told recently that some paperwork was tacked to the front door of a house that I co-signed on with. Within the paperwork it makes mention of a "writ of possession" and that if I do not respond they will move forward with this. Whether or not it was right for me to keep the vehicles is another issue but do they have a legal leg to stand on? Can anything they do impact my credit since the actual debt was included in the bankruptcy. Also I do not reside where they left the paperwork, would they have to physically serve me? Thanks for any help/advice.


Rick

[kiddles]

Unusual situation - I don't think they could put anything on your credit report since they were included in the BK. I don't know if they could press charges for not returning the cars or not.

You didn't reaffirm and didn't pay, so yes, they can come get the cars.

[JollyGG]

They can legally come and get the cars. However, since you didn't reafirm, you would not be responsible for any defiencent balance if the cars sold at auction for less than you owe. Your credit report should report these loans as IIB and should continue to do so after the reposession.
What are they currently listed as in you credit report? Is it showing late payments after the BK?
No, they do not have to physically serve you. They can come and get their cars whenever they want to.

[Rick6991]

Thanks for the responses. The credit accounts show included in bankruptcy on my credit report. The cars are nowhere near where I reside so it might make them difficult to find. No late payments are showing at this point. It seems as if the debt was sold to a 3rd party as is done with mortgages because the documents that were left at my home reference a separate company.

[lrprn]

The cars are nowhere near where I reside so it might make them difficult to find.

So you are keeping the cars somewhere else and are not currently driving either of them yourself? Is someone else driving them? Are they currently licensed? Do you have insurance on them? Are you still listed as the owner on the titles? Is anyone else on the titles with you? Last question (promise!) - what state are you in now and which state was your original bankruptcy filed in?

[Rick6991]

The cars are not kept at any adresses that are associated with me. One was flooded in Newark Nj...that car has no tag or insurance. The other is registered and has current insurance. I am the one and only person listed on the titles. The BK was filed in GA and the cars are both registered in GA. Thanks for the help.

[Rick6991]

bump.....

[CindyLou]

They cannot put anything further on your credit report regarding the cars. However, you can risk criminal charges if you are found to be purposefully hiding the cars. But if the car is leagally registered and insured in your name with your current address then I would say you are 100% safe because they know exactly where to come and get it. That is the only area you could get in trouble. Purposely hiding property from a creditor that is rightfully theirs to reposses can be a crime. They do have to prove that you intended to committ fraud by hiding the poperty. But I do think you just remembered you forgot to notify them

Hope this helps.

Cindy

[sickandtired8]

Why not just give the cars back and not worry with the whole mess? Just an idea. S&T
Filed June 27th
Closed Oct 29th

Hello all,
I filed CH. 7 in May 2004 and it was discharged in Aug 2004. I had 2 vehicles which I kept after the bankruptcy and reaffirmation agreements were never signed. In addition the payments were also never made. I received phone calls every now and then asking for the vehicles back but I never returned them. I was told recently that some paperwork was tacked to the front door of a house that I co-signed on with. Within the paperwork it makes mention of a "writ of possession" and that if I do not respond they will move forward with this. Whether or not it was right for me to keep the vehicles is another issue but do they have a legal leg to stand on? Can anything they do impact my credit since the actual debt was included in the bankruptcy. Also I do not reside where they left the paperwork, would they have to physically serve me? Thanks for any help/advice.


Rick