Gave truck back. Bank wants difference

[tdooders]

Got a question. Was discharged back in July 2005. Case closed in August. I gave back my truck Feb 2006 back to the bank. The truck was included in my bankruptcy and I did NOT sign a reaffirmation agreement. Got a certified letter today saying that they were going to sell my truck and make me pay the difference. They cant do that since it was included in the bankruptcy. Am I correct? Thanks

[keepmine]

If you didn't sign a reaffirmation agreement, they're SOL.
You may want to send a copy of that letter to your attorney. Ask thm to write a letter to the creditor stating they are violating the perament injunction that comes with a discharged bk.

[FilingOnMyOwn]

Yeah tell em to go suck a fat one.

[LostOne0069]

Then go check your credit report... it should have had your truck loan labled as "IIB" included in Bankruptcy.

[USPSA-Shooter]

Got a question. Was discharged back in July 2005. Case closed in August. I gave back my truck Feb 2006 back to the bank. The truck was included in my bankruptcy and I did NOT sign a reaffirmation agreement. Got a certified letter today saying that they were going to sell my truck and make me pay the difference. They cant do that since it was included in the bankruptcy. Am I correct? Thanks

If your lawyer will do it for free, have him write a letter to the bank telling whatfer, my favorite whatfer is FOAD.

If not, write up a letter reminding them that the debt was discharged in BK, no reaffirmation was signed and advise them that attempted collection of a discharged debt is a violation of US BK law. Include a copy of the your BK discharge and, if you want, a redacted copy of your creditor matrix showing them as a creditor.

CC your lawyer, your trustee, and the BK court on the bottom of the letter, whether you send him/her/them a copy is irrelevant. This is just a "get them off your back and make them go away" letter.

[USPSA-Shooter]

Then go check your credit report... it should have had your truck loan labled as "IIB" included in Bankruptcy.

+1
Keep an eye on it, make sure they don't update and change it on you.

[Minnymouth]

Yes you owe them NOTHING if it was surrendered and included in bankruptcy......
For them to demand payment of any kind is a violation of the bankruptcy laws.....
Send them a certified letter (cc: your attorney, trustee) with a copy of your banruptcy discharge. No need to send the matrix, they have already been notified......(no need to SHOW them who all the other crediors were - none of their business)...

PS - Check your loan papers on the truck and make sure it says nothing about them recouping their losses should you file bankruptcy in the signed contract..... If it does, contact your attorney for his help in the matter.

Keep us posted,

[pink_amulet]

Do not worry, since you did not sign a reaffirmation, and you included it on your BK, there is nothing to worry about.
We filed on our van, did NOT sign a reaffirmation, and were discharged, and closed on Jan 06. We gave back our van, they were NOT happy, but there was nothing they could do about it!!!!

By law they can not do anything (since they were discharged), they may try...but it won't get far. Keep an eye on your credit report, so they don't try to scam you that way. If they try to do the credit report route, dispute it, you may need to send proof to the reporting agency, but that's no problem, they will use your discharge papers.

Pink

[Pinktiger]

Can I ask for some clarification on what FOAD stands for? LOL

[USPSA-Shooter]

Can I ask for some clarification on what FOAD stands for? LOL

F Off And Die

[Minnymouth]

Pinktiger,

Had to ask didn't ya, LOL................

[SinkingFast]

Can I ask for some clarification on what FOAD stands for? LOL

TY Pink for asking. I wanted to know that one too!!