Responsibility for deficiency

[itsybitsy]

Our Ch. 7 was discharged 2/2011 and we did not reaffirm our vehicles. We contacted Santander 5/2011 to surrender our vehicle - they finally picked it up 8/2011. I just received a letter from Santander stating that they're selling our vehicle and we will be responsible for any difference between what they sell it for and what we had owed on the loan. It was my understanding that since our vehicle loans were discharged in the Ch. 7 that we are not responsible for any debt related to that loan. Am I wrong? Any advice would be appreciated. Thanks!

[drowning123]

Well, this one I can 100%. I had Santander as well and got the exact letter. I filed chapter 7 and did not reaffirm my car either. I called them and they told me it was just a formality. Basically, a computer spits it out and some idiot mails it without checking their records.

[drowning123]

I should add that it's been 8 months and I haven't heard from them.

[itsybitsy]

Drowning -
Thanks so much for the info - I feel much better!

[drowning123]

Drowning -
Thanks so much for the info - I feel much better!

You're very welcome. I forgot the word "answer" 100%. LOL. I was so excited to respond. LOL.

[MBeach222]

Just curious, they let you keep the car that long after Ch7....? What is the normal time between discharge and actual repo? ...assuming there is no reaffirmation. Does filing for Ch7 prevent repo until the case is discharged? thanks

[drowning123]

Just curious, they let you keep the car that long after Ch7....? What is the normal time between discharge and actual repo? ...assuming there is no reaffirmation. Does filing for Ch7 prevent repo until the case is discharged? thanks

See my reply on your other post.