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My gf filed BK 2.5 years ago and now discharged NEED HELP!

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    My gf filed BK 2.5 years ago and now discharged NEED HELP!

    We have 2007 Saturn Ion...we pay 360 a month for it and Chase never reaffirmed the car loan. Credit report says balance = 0. We just got a mortgage and I have a 2000 Ford Explorer paid for that I cant drive due to DUI.

    I told my girlfriend to stop paying for the Saturn and Chase MAY or MAY not come and repo the car.

    car was included in the BK(was supposed to be reaffirmed but wasnt)
    we have made payments, but cant get a bill and never will get title to the Saturn.

    #2
    Chase WILL MOST DEFINITELY take the car. Just because the "loan" has been discharged in your bankruptcy, the security interest goes untouched. Chase still has the absolute right to repossess the car if payments stop coming.

    Once the car is paid off, you will get title back. The bank still has to do that once the security interest is satisfied.
    Last edited by HHM; 09-02-2010, 08:55 AM.

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      #3
      I'm not sure what your question is.

      Just as HHM said, Chase will want that car back, and they have every right to the car.

      If you want to keep the car, then you needed to keep paying on it.
      I may be smarter than an attorney, but I'm not one. No legal advice here, people.
      Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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        #4
        I am not sure what your question is.

        If your girlfriend stops paying on the car, Chase has the right to come repo the car. Will they? Who knows, but you may wake up one day and see the car gone. Your gf has no legal right to possession of the car if she stops making payments, even though the car was included in the bk. She has a right to not be sued for a deficiency when Chase comes for the car and sells it at auction, but they can still repo the car if she stops paying on it. Chase still owns the car.

        Your gf could file a chapter 13 if she wants to try to keep the car, but she will have to make enough money to fund a chapter 13 plan. This is actually a way of cramming the car's value down to what it is worth right now which might help on payments if she is underwater on the car. She will be in the chapter 13 3-5 years.

        If you and your gf are not married, then your car is not at risk of anything.
        You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

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          #5
          I know what he's asking.

          He wants to stop wasting money on the Saturn.

          He wants his girlfriend to drive his Ford Explorer because he can't due to a DUI.

          Stop paying on the Saturn and Chase will come get it, then there'll only be one car in the household, and they'd be saving $360 a month. No use having another car (fully paid for) just sitting there.

          It's up to you jheston.
          Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

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