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Nissan Motors and post discharge payment extension agreement

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    Nissan Motors and post discharge payment extension agreement

    In short, I did NOT reaffirm my car loan. It was discharged in my chapter 7 no assett. I was discharged on 04/16/10 and closed on 05/10/10. I may surrender my car in the near future and buy a much cheaper vehicle. Nissan Motors does not have a problem with ride throughs. In fact, since I may get a new "used" vehicle soon, I recently stopped paying Nissan and my loan with them has gone 30 days late for the first time. I spoke to Nissan and they were happy to defer/extend two payments even though I filed chapter 7 and did not reaffirm. I did not advise them as to my intentions that I may surrender the vehicle in the near future. My question is this, if I sign the agreement extending my loan contract, that is technically voided by the bankruptcy, by two payments (payment extension agreement), does that in any way shape or form obligate me like signing a reaffirmation agreement would? You can only be held liable for any deficiency balance if you surrender the vehicle if a reaffirmation agreement was done through the courts, correct? Justbroke, angelinacat any thoughts? In essence, that would allow me to save an additional two months of car payments without the fear of repo while I decide whether or not to keep this vehicle.
    Last edited by ROB37LAW; 05-21-2010, 11:06 AM.

    #2
    Honestly I would not sign anything contract related when you are thinking about turning it in. It could be used against you.

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      #3
      I'm curious to see what happens since I'm with them too. I did sign a two month waiver last year but it stated I couldn't file bk within 90 days. Not sure what this contract for you will say since you've been discharged but pls update since I'm in da same boat minus discharge.
      Retained lawyer: 3/30/10
      Filed Ch. 7: 4/07/10
      341 Meeting: 5/19/10
      Discharged: 7/26/10

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        #4
        Originally posted by OutofTime View Post
        I'm curious to see what happens since I'm with them too. I did sign a two month waiver last year but it stated I couldn't file bk within 90 days. Not sure what this contract for you will say since you've been discharged but pls update since I'm in da same boat minus discharge.
        I received the exact same extension agreement that I had received one time prior to ever filing bankruptcy. It states, "you have not and agree that you will not file for bankruptcy protection within 120 days AFTER the date of this correspendence." I was discharged before requesting the extension. Signing the agreement makes no sense. The contract is void because of the discharge. I guess they just want it for their records.

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