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The lady was smart. Laptops don't have a title, and cannot be tracked. If she says it's gone, Capital One can't prove otherwise, and will have to drop the matter. She could have just as easily said the laptop broke and she trashed it.
While it is true you can't trace the laptop, I wouldn't recommend anyone lie at their 341 while under oath. It isn't worth committing perjury even if the odds of being caught are remote. I'd just tell the creditor you have no intention of reaffirming. Either that, or tell them to send you the reaffirmation agreement and you'll consider it. If they later call you and try to get the property back, tell them to come get it (they probably won't) or lie to them all you want when you aren't under oath.
Maybe this lady told the truth.
LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!
I'm still waiting on a letter from Ford for my case. I'm surprised that they didn't file a relief from stay so that they can come take it. I'm glad that they didn't, and it would be fantastic if we could keep it until discharge. I will know more after the 341, right?
Did you ever hear from Ford? We got another reaffirmation sent to us from attorneys office. We did not make our March Pmt, since they sent the letter saying they will pick car up if we do not reaffirm.
Haven't heard a word from them. Nothing. It's sitting in the driveway, not running (transfer case broke). I'm so glad I included it in the BK and didn't try to reaffirm or do the lower payments (before I filed, they were going to lower them 100/month, which was still too high anyway). I can't afford to maintain it or put gas in it, so this was all for the best.
Just to update, A third letter from Ford , faxed to me from my attorney, wanting a answer on why I have not reaffirmed. No answer going to be made until my discharge is near.
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