Long story short we filed in July Discharged on November 10th we had a car loan for 42000 and we put redeem for fmvalue they said no so we stopped paying they repossessed and we just got a letter that they are going to sell at auction and we are liable for the rest.... we have not been closed because trusteee is waiting for outr tax return what do we do?? can we amend i thought it was included since we didnt redeem help!!! were talking 20000.00!!
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If you listed the loan in your filing and did not reaffirm then you are fine. If they try to collect from you they are in violation. Contact your attorney to see what they say. My attorney advised me to contact them in case any creditors try to violate the stay or continue collection activity after discharge.Case Closed > 2/08/2010
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The remaining balance would still be included in bankruptcy without a reaffirmation agreement.
Does the car loan show included in bankruptcy on your credit report?Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
"One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."
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Originally posted by deadmonetree View Postit does not say included in bankruptcy on credit report but only one has sent back after i sent them all the discharge letter.Case Closed > 2/08/2010
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I agree - if you did not sign a reaffirmation agreement then you're not liable for the deficiency no matter what they try to tell you. If you don't mind telling us - what lender is trying to tell you that you owe a deficiency on a bankruptcy discharged debt?
Violations of bankruptcy stay/discharge should be treated like the dog bite rule - they get told NO once, then they get sued for willful violation. If they do it again, your attorney should file a motion for an order to show cause why they should not be held in contempt, which forces them to either settle with you to withdraw the motion or forces them to actually show up in court to defend themselves.
--WilliamI am an attorney, but I am just not your attorney.
As such, any statement is not intended to create an attorney/client relationship.
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Originally posted by deadmonetree View Postpentagon federal cu is the bank.. i just dont want to get stuck with 22,000.00 makes the whole bk pointless!Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
"One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."
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Originally posted by deadmonetree View Posti hope so thank you if this has happened to anyone else please let me know what you did! hopefully i have nothing to worry about thanks again
Penfed CU is notoriously bk unfriendly. You do not owe them the money.You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under
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