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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Filed Bankruptcy 2003 got Discharge 4-23-03 had held out RV

Resolved Question:

Filed Bankruptcy 2003 got Discharge 4-23-03 had held out RV to live in were making pmts for the last 6 yrs. all tofind out that it was Discharged the Bank will not show credit to reporting agencies and said when it is pd. off we will get the Title but if we stop paying we forfit the RV due to bad credit rating we are unable to purchase Truck to pull it is there legal way we can make them take it and pay us back for the last 6 yrs of payments ? because from what they are saying our Credit will remain with Bankruptcy till 2010
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Since you receive a discharge in bankruptcy, your personal liability on the debt is discharged. However, since the debt was secured by the RV, in order to keep the RV you need or needed to make payments. Since you chose to make the payments, you cannot now try to recover them from the creditor. This is true even if you received incomplete or poor legal advice.
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you you have answred my question , if we were to stop payments now and have the Bank take it back it would be no worse than the Bankruptcy on our record , that will come off in 2010?
Expert:  Ellen replied 8 years ago.

That is correct.