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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience:  Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
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i have file for bankruptcy chapter 7 prose and i listed out

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i have file for bankruptcy chapter 7 prose and i listed out everything including my vehicle financed with DCU. After the filing everything is showing in my credit report as included in chapter. After i got my discharge in April 2010. A year after DCU ask me if i want to start making payment but due a loss of my job i did not kept the payment on track but made payment from nov 2010 to jan 11. Now a week back DCU repo my vehicle and want me to pay the missing payment since bankruptcy to date to get the car back, for a toatl amount of $5500. I saw they are not report the past 3 payment to my credit, so here are my questions: 1- Is a good thing to make the payment or let the car go? 2- what are the responsalibities of the bank is this matter toward me? 3-Anything i can ask them to do to report a payment or what should i do please advise
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

If the vehicle loan was included in the bankruptcy and you did not sign a reaffirmation agreement, there is no loan that you have to repay as it was discharged in the BK. Any payments you made after the BK were as if you were renting the car on a month to month basis. They could have reposed at anytime since the loan was not paid in full and Bk filed.

 

The bank cannot ask you o pay for the loan. You can agree to pay month to month to rent the car but I would not sign any thing that says that you reaffirm the loan. Since there is no loan after the BK, they have no duty to report payments on your credit.

 

 

 

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Customer: replied 3 years ago.

you said ''If the vehicle loan was included in the bankruptcy and you did not sign a reaffirmation agreement, there is no loan that you have to repay as it was discharged in the BK"

So this mean that i have to keep the car? since the loan was discharge under chapter 7? i never sign any reaffirmation agreement

Expert:  Maverick replied 3 years ago.

If it was discharged and you never signed an affirmation agreement, then it means that the lender could take the car from you at anytime but you are not responsible for the loan anymore. In other words, the lender could have been allowing you to continue to drive the car so long as you paid the monthly payments, just as if you were renting month to month. But, if they decide they do not want to do that, they can take the car back at anytime and you do not have to pay them payments.

 

 

Customer: replied 3 years ago.

Ok now that they have the car with my belongings inside. Can i get my personal items back?

i do have the money to pay but not sure since there no reaffirmation agreement how that payment will be treated

Expert:  Maverick replied 3 years ago.

If you do not have the car in your possession, there is no sense paying the bill as you do not owe on a loan. If they let you drive the car then you can pay the monthly bill.

 

To get your persona belongings back, write a letter by certified mail RR to them and the repo lot (if you the address) stating that they have your personal belongings in there and that you would like to set up a time to come pick them up.

 

If after 30 days you don't claim the items then the items are considered abandoned and can be disposed of in anyway the repo man wants.

Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3431
Experience: Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
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