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They came and got my car yesterday now only worry left

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    They came and got my car yesterday now only worry left

    Okay so my lender finally realized that we are legally not responsible for our car. The lady in the bankruptcy department called us last week and said that their attorneys said that we are not legally responsible and that we can surrender at any time with no problems/penalties so we did.

    My lawyer said it was all fine. But the only little nagging concern I have is they didn't give it to me in writing. I really wanted it in writing so they could change their mind later. But then again I guess if something comes up later it will be taken care of. I mean their lawyer and our lawyer all agree that we are responsible so it should work out fine right?

    (The back story on this was we signed a reaff and it was filed with the courts but we then converted from a 7 to a 13 which voided that agreement. At first they were trying to hold us responsible since they had the old agreement and then they realized it wasn't legally binding anymore since we converted. )

    Also since they thought we were liable they were reporting it on our credit. I'm assuming when it's all over with they will update this again to included in BK? Since the last payment was a month late we already have a 30 day late on their.
    4/09 Converted to a Ch 7 due to loss in dh's income
    5/09 UST now involved no idea what happens next
    7/09 UST has decided to withdraw his motion to dismiss!
    7/27/09 DISCHARGED!!!

    #2
    You need to be pro-active in contacting the CRA's about this late after your BK. It really kills your score to have any sort of late report after a BK. The CRA's have to be reminded in writing (CMRRR) to remove it. If they don't, then contact the creditor. If they still will not remove it then bring them to court as it is a violation.

    I have found the CRA's to be very lax in reporting correctly. Don't leave it up to them to automatically update your report.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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      #3
      I agree, I would also make sure take care of the credit report myself, I wouldn't trust them or hope they will do it -- sadly but I found that banks and CRAs basically do not care for your profile or yourself and your life, it's just business to them! And when you're a customer that doesn't pay them money, they don't have to be nice with you, funny, how money = nice

      Anyways, I would submit a dispute letter to the three CRAs (I don't know if Innovis should be considered and is of any importance -- I have been hearing about it more lately). I think you also have to include a copy of your driver's license and social security card -- I would look more about it online though, I am not sure of the exact process but definitely be proactive and take care of it yourself!
      Filed CH7 on Aug-06-2009 -- DONE!
      341 meeting on Oct-01-2009 -- DONE!
      Discharged on Nov-12-2009 -- DONE!
      Case Closed on Jun-15-2010 -- DONE!

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