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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I reaffirmed my car loan with my credit union in my bankruptcy,

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I reaffirmed my car loan with my credit union in my bankruptcy, and recently paid that loan off. I have not yet received the title from the CU. I also had a Mastercard through the CU which I did not reaffirm, but continued to pay on so I would have use of it afterward. Since then I have been living without a credit card; I have found I like the feeling of control I have over my money, and would like to discontinue making payments, since they were voluntary in the first place. My questions are: (1) Has making voluntary payments negated my ability not to pay this credit card, which was discharged in my Ch. 7 bankruptcy? (2) Because both my auto loan and credit card was with the same CU, is there any way they could legally refuse to release my title until the credit card is paid?

(1) Has making voluntary payments negated my ability not to pay this credit card, which was discharged in my Ch. 7 bankruptcy?

 

A: No. Once a debt is discharged in bankruptcy it cannot be reaffirmed by the debtor. However, if you used the credit card to make new purchases, those purchases are not part of the bankruptcy, and the creditor can sue to collect on that new debt.

(2) Because both my auto loan and credit card was with the same CU, is there any way they could legally refuse to release my title until the credit card is paid?

 

A: If there was some tie in expressly described in the car loan agreement, then yes. Otherwise, no.

 

Hope this helps.

 

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