Help!!!
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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Should have been discharged unless you signed a Reaffirmation agreement. Did you ??Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7 -
no we did not sign any reaffirmed forms. but in our original forms in july we put in the paperwork we would keep by reaffirming and they said they would not reaffirm so we stopped paying. no where in our paperwork does it say surrender though...Comment
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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 > 2/08/2010Comment
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we told the lawyer that if they wouldnt reaffirm we werent keeping it but i dont see anywhere in our paperwork that says that.Comment
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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."Comment
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the only thing i can find is in our statement of intentions it says property will be retained and then it says if retaing property i intend to redeem and then it say property is exempt. looking for my credit report now to see the answer to the other questionComment
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it does not say included in bankruptcy on credit report but only one has sent back after i sent them all the discharge letter.Comment
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Well, you may have to spend some time clearing things up, but you will not be held liable for the deficiency balance. Even if your stated intent was to keep the vehicle that does not mean that the debt will be non-dischargable if you don't.Originally posted by deadmonetree View PostCase Closed > 2/08/2010Comment
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so do you think it would have to be reopened? or just a paper filed? of course my lawyer is off for the weekend!Comment
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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.Comment
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pentagon federal cu is the bank.. i just dont want to get stuck with 22,000.00 makes the whole bk pointless!Comment
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If everything you stated is correct, you have nothing to worry about. The debt was discharged and not reaffirmed. Your attorney can address the issue on Monday. Enjoy your weekend!Originally posted by deadmonetree View Post
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."Comment
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i 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 againComment
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If you turned over the car in your bk, and did not sign a reaffirmation agreement, then the deficiency of the sale is included in the bankruptcy.Originally posted by deadmonetree View Post
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 UnderComment
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