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A few years back, I filed for bankruptcy. I exluced my ...

A few years back, I...
A few years back, I filed for bankruptcy. I exluced my house and cars. All of my debt was discharged. I contintued to pay on my car, sometimes late. The loan was never "reaffirmed", I just paid what the payment book said. When I was late, I would get a letter from the bank requesting just the payments past due, never any late charges. The loan shows as a "charge off" on my credit report. I have now sent in all the payments due and the bank has now billed me showing the following: Final paymnet abount $621.15, Principal balance $316.76, principal due 0, finance charge due 2.98, fees due 0, late charges due 0.51 (fifty one cents). So, there is about 300.00 difference can they charge me for late charges even thou we have no contract?
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Answered in 1 day by:
5/29/2008
CA Lawyer
CA Lawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1,655
Experience: Bankruptcy Attorney
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When you say you excluded your house and cars, did you not list the debts, or did you list the debts and just continue paying on them?
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WA Bankruptcy Lawyer
Category: Bankruptcy Law
Satisfied Customers: 25
Experience: 30 years practice. Author of several articles.
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Bankruptcy will discharge the individual liability. It will not discharge the lien on the property. That means, the creditor is limited to the collateral to get paid and can not pursue you. However that also means that if you want the title to the vehicle or the mortgage released, you need to pay off the lien. Probably this means that the amount that they are claiming is owed and you need to pay it to clear title to the property.

There may, and usually are questions of accounting. Howver for $600.00 the fees and costs necessary to litigate the matter woud be much higher.
WA Bankruptcy Lawyer
Category: Bankruptcy Law
Satisfied Customers: 25
Experience: 30 years practice. Author of several articles.
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