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    Failed Reaffirmation

    I filed Bankruptcy in Nov of 2012.

    Went through the process and my BK attorney negotiated a Reaffirmation of my car. So I have been paying two payments a month for the last year trying to get it paid off as soon as possible because it had high mileage.

    I thought about walking away but needed the car. After my BK I would check my credit as I was trying to reestablish my credit and noticed my car loan said included in Bankruptcy.

    I would call my finance company and tell my account manager that he he said that it was incorrect. I should of followed it up but if figured that it would eventually correct itself.

    So I called today to check in and see how far ahead I was and I had a new account manager because the old one left the company who was handling my account and she told me my affirmation never went through and told me I was behind in my payments.

    But in reality I did not have a car loan with them and was paying just to keep the car and even if I payed it off it wouldn't show as a paid car loan.

    Does anyone have any advice for a recourse. I am so pissed off that I was lied to anyone ever hear of anything like that happened.
    Last edited by AngelinaCat; 02-21-2014, 08:16 PM. Reason: to makr a long run-on post easier to read. OP please take note.

    #2
    If there was no reaffirmation, then you had no personal liability for the loan and it would not be appropriate to report to the credit agency.

    Even if you did reaffirm the loan or never filed BK in the first place, the lender has no obligation to report to credit agencies. There is nothing you can do about that.

    As far as them saying you are behind in payments, you should ask for a statement of all amounts paid and compare it to your records. If they are wrong, provide evidence of your payments.
    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!

    Comment


      #3
      Exactly as stated. The lack of a reaffirmation means that there is no personal liability to pay. This is actually quite normal for debt that is discharged.

      You will need to follow normal process to ask for a ledger balance of the automobile loan showing the balance and all the payments. I can not speculate as to why you would be behind in payments.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

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