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    Kicked off ridethrough?

    Well, Chrysler just filed a Motion for Relief from Automatic Stay. Best I can tell, since we didn't reaffirm, they want the minivan back.

    Is that normal?

    We've been current on all payments, even up to today. I had hoped/planned to ridethrough until we owned it.
    Ch. 7
    Filed: 05/07/2009
    341: 07/01/2009
    Discharged AND closed: 09/29/2009

    #2
    Sounds like they want you to reaffirm, or give it back.
    No Asset 7 closed 11/09

    Comment


      #3
      Someone else just posted about Chrysler doing the same thing to them. I am shocked that they would repo a vehicle that someone has never missed a payment on We had a lease with them but surrendered it back before filing bk. Now I'm SO glad we didn't send ourselves to the poor house those last couple of months trying to catch up the payments with all of their fee's added in
      Filed 8/2009
      Discharged & Closed 11/2009
      Now the rebuilding begins....

      Comment


        #4
        I will most likely be going through this as well with our Chrysler Financial... We're current with the loan...going to exempt it...hopefully they don't want it back
        -------
        Converted to Chap 13 from Chap 7 Feb 28
        341 April 16...

        Comment


          #5
          I'm worried because we have baby #5 coming and we all can't fit in the other car.

          If they do take it, I sure won't miss the $550/month payment. I guess we'll go without for a while and save for a clunker that fits everybody.

          I really don't want to reaffirm because if I still don't have a job in December, we won't really be able to afford the car anyway.

          I'm waiting to hear from my lawyer but based on everything I've read on this forum, I think I now know the options.

          ARGH!!!!
          Ch. 7
          Filed: 05/07/2009
          341: 07/01/2009
          Discharged AND closed: 09/29/2009

          Comment


            #6
            Have your attorney file an answer to the motion. You are current on the loan and that can be your reasoning in the answer. The judge can then look at the situation and determine what to do. In know that the judges in our area are against most reaffs and wouldn't let it go through if it was in your best interest anyway. Maybe you can negotiate a new rate, lower principal, etc.

            Comment


              #7
              If it's worth the amount of $$ you owe on it and it's not such a high payment that you cannot realistically afford it then I would probably just reaffirm it.

              After reading your update I guess keeping it may not be the best thing for ya $550 is quite high. Trust me, I only know because our lease payments on our 2007 Durango were $600 EEK!
              Honestly, if you could save $2K-$3K you can find a decent mini van on craigslist that will fit your family nicely. That's the route we almost took.. had it not been for the fact that my dh knew a guy who runs a used car lot & we were able to finance a 2006 Town & Country with only 30K miles and 10% interest, then I would be driving an older used vehicle right now.
              Last edited by mom2three09; 08-19-2009, 10:03 AM.
              Filed 8/2009
              Discharged & Closed 11/2009
              Now the rebuilding begins....

              Comment


                #8
                Upon a closer look at the order, it's worth $10,500 wholesale, we owe like $17,000. Reaffirming doesn't seem wise. We can probably pick up the same van for $10k-$12k.
                Ch. 7
                Filed: 05/07/2009
                341: 07/01/2009
                Discharged AND closed: 09/29/2009

                Comment


                  #9
                  Well, if I HAD $10k-$12k, which I sure as hell don't.
                  Ch. 7
                  Filed: 05/07/2009
                  341: 07/01/2009
                  Discharged AND closed: 09/29/2009

                  Comment


                    #10
                    Originally posted by Humonese View Post
                    Upon a closer look at the order, it's worth $10,500 wholesale, we owe like $17,000. Reaffirming doesn't seem wise. We can probably pick up the same van for $10k-$12k.
                    you're right. and the judge probably wouldn't go for it either
                    Filed 8/2009
                    Discharged & Closed 11/2009
                    Now the rebuilding begins....

                    Comment


                      #11
                      I was reading the thread about what everyone on here drives yesterday and thinking that it was probably too nice of a vehicle anyway. 07 Grand Caravan with 30k on it and a DVD player for the kids. They're not going to be happy to see it go!
                      Ch. 7
                      Filed: 05/07/2009
                      341: 07/01/2009
                      Discharged AND closed: 09/29/2009

                      Comment


                        #12
                        My 60 days would have been 8/30, and this hearing is set for 9/15...does that mean my happy ending is going to be delayed by a ton? Or if just give up the car will the cancel the hearing and proceed?
                        Ch. 7
                        Filed: 05/07/2009
                        341: 07/01/2009
                        Discharged AND closed: 09/29/2009

                        Comment


                          #13
                          I would call their bluff and just stay current with the payments. If they pick it up, and you are not behind, what legal reason could they present. So, you are bk-ing, that is not their business if you are fulfilling your contract with them. They would be in the wrong and be violating their own contract. I don't think they will pick it up. BUT, do not ever become late as then they can call the loan and pick it up. Check craigs list, there are good used cars everywhere. This cash for clunkers are making new cars worth the trade, but the dealers are now stuck with those used ones they have collected before the cash for clunkers was in. 'Hub
                          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                          Comment


                            #14
                            is one allowed to reaffirm once the motion of stay is filed. Can us Chrysler owners use that as a backstop if we don't send back the reaffirmation paperwork?

                            Comment


                              #15
                              My attorney just called and said it's no big deal, he called it a "comfort filing". He said Chrysler will do that so that they can take the car if I'm late on a payment. I'm still hyper-stressed about that option even if I'm NOT late considering the car has baby seats I NEED, dvd's, and pricey weathertech mats and a hitch I could sell for cash.

                              I don't want them to come and take it in the middle of the night or from work.
                              Ch. 7
                              Filed: 05/07/2009
                              341: 07/01/2009
                              Discharged AND closed: 09/29/2009

                              Comment

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