Bill from company that I think was discharged?

[chilipalmer]

OK, so I am approximately 35 days past my discharge, I had 2 auto loans and chose to reaffirm only one of them. about 2 weeks ago I met with the repo company and gave the vehicle back.

The same day I gave the vehicle back I received a letter explaining what happens after a vehicle is repossessed. I ignored it as I felt it did not apply to me. Today I got yet another statement showing all of my past due payments, a repo fee and late fees.

I checked my schedule D which contains only the 2 auto loans as creditors with secured interests. The finance company is listed and the box for surrender vehicle is checked. While my other loan states it will be reaffirmed.

I checked my master mailing list and the finance company is listed in there as well.

I have no reason to believe that there was an objection.

Being the holidays my attorney is pretty much unreachable. I am hoping someone here has had a similar experience and can tell me what they found in their case. I am most worried the finance company could sue me for the balance or as the first letter stated the balance not recovered at auction.

This is my first post but I am glad to see there is a place like this for all of us.

Look forward to your help.

[tcreegan]

Hi chilipalmer, and welcome!

I am most worried the finance company could sue me for the balance or as the first letter stated the balance not recovered at auction

No worries for you...they can't sue you, they can't even try to collect a dime...which they have so they should be worried, they violated the BK discharge injunction and you can sue them!

Document everything, including how much time you spend. If they persist ask your attorney to sue them.

Welcome aboard, lots of good folks here!

Tom in Colo

[keepmine]

Would agree with the previous post.
Just keep your lawyer informed. Send him a copy of everything you've gotten from this creditor post filing. One more communication from the finance company asking for money and I'd sure get my attorney involved.

[dumpinmydebt]

I think that is just typical practice. I'm pretty sure I have heard of this happening to other people. I would just keep it in your filing cabinet, and not worry about it unless another bill arrives. At which time, I would send them a reminder that it was discharged in the bk.