Lease End Fees After Reaffirmation - Ally says I m not liable?

[sh9730]

SO, I was discharged BK7 back in 2012 (lots of posts here and thanks again to all that were so helpful during the process!!) - Anyway, I "Reaffirmed" or "Assumed" (whichever term you prefer - but in essence I kept the car and continued to pay - but DID sign an agreement so it wasn't stay and pay), my Ally auto lease.

I bought a new car in December and RETURNED my old car rather than trade it in. I expected and did receive a letter from Ally a few weeks later saying I owed them a couple payments and some excess mileage fees. I wrote them back a letter with a settlement offer and payment schedule. Never heard from them until today I got a call from their Asset Recovery Department - I returned the call...this dept of course had never seen the letter - I started telling him my offer, but that I wanted it in writing etc.... - he said since I was original BK7 he had to check with supervisor as to accepting payment plans. He called back a few later and told ME that the file has a note in it that since it was BK7 I am NOT LIABLE for the remaining fees?! Of course I could voluntarily pay....but they should not have called me in 1st place - I explained I didn't want this to end up in collections later and he says it clearly says I am not liable in the file.....

Thoughts? I don't think that is accurate since I didn't do stay and pay - but reaffirmed - with my siggy.... Should I let it slide for now? I clearly have other places I could use the money - even if eventually I would like to pay this.......

Thanks in advance!

[justbroke]

Ask them to send you a letter stating as much. There is really nothing you can do and there are no guarantees that a creditor won't "accidentally" report bad information.

Case in point, Bank of America (on November 31, 2013) reported my mortgage as 120+ days late. It was discharged in the bankruptcy. It only affected Trans Union but I sent them a demand letter to correct and they did! You just need to monitor your credit! (My score dropped almost 100 points!)

[LadyInTheRed]

You signed a reaffirmation, but was it filed with the court and approved by your attorney or the judge?

[sh9730]

Lady,

Signed by attorney - filed (I believe), but your right it was never approved by a judge - but I was under impression the reaffirm was binding if signed my atty....definitely could be wrong though!

[despritfreya]

Signed by attorney - filed (I believe), but your right it was never approved by a judge - but I was under impression the reaffirm was binding if signed my atty....definitely could be wrong though!

Technically you are correct however, you are in AZ. In 2012 the judges were routinely holding hearings on reaffs regardless of whether or not an attny signed off. Either go to the bk court and check your file or get a PACER account and check it. Look for: 1. the filing of the agreement; 2. the Notice of Hearing; 3 the minute entry for the hearing; and/or 4. any other docket entry that references a reaffirmation agreement to see what actually happened. Chances are the agreement was not "approved".

Please note that if your judge was RJH he did not hold a hearing. He sent you a questionnaire. You would have filled it out and returned it to the Court. He then would have entered an Order not approving the agreement.

Des.

[sh9730]

Des - good to hear from you again - 1st of all - my proceedings were in 2011 not 2012 (Mistyped on this post - man time flies!), but Im sure the same issues apply - I think you are correct and it was never "approved" - so Ally was probably right and Im not liable - nice of them to tell me as I would have forgotten! Anyway, I still may pay them something as it was never my intent to "screw" people, and although my finances are not perfect even now, I am in a better position and it was important for me to keep the car at the time...

My main worry was this affecting my credit if I didn't pay in full or timely manner - looks like it wont (or at least shouldn't).

Thanks!