I surrendered my car in my BK and now the bank is demanding the balance left over...

[9877donna]

They auctioned off my car that I surrendered in my Bankruptcy which was discharge on November 27th,2006.And now they want me to pay the deficiency balance that's left after they auctioned off the car.
What should I do? Send them copies of my BK petition? They state I should call them within 10 days or they will proceed with legal action against me.
What should I do??
Any help would be appreciated.
Donna

[HHM]

Send them a copy of the first 2 pages of your BK petition and your discharge order, certified mail, return receipt. Odds are, that will take care of it.

[9877donna]

Send them a copy of the first 2 pages of your BK petition and your discharge order, certified mail, return receipt. Odds are, that will take care of it.

Thanks HHM.Now is the first two pages of the BK petition the Voluntary Petition? I do have my 'discharge' order from the BK courts.
Thanks again.
Donna

[SinkingFast]

Personally, from looking at our BK Petition,...........

I'd send the Lender the following:

Form 6 - Summary of Schedules,

Schedule D - Creditors Holding Secured Claims,

Form 6Decl - Declaration Concerning Debtor's Schedules,

Form 8 - Chapter 7 Individual Debtor's Statement of Intention (if you filed an Intent to Surrender),

And, a copy of your Discharge.

Form 6 is the Summary of all your BK paperwork. Schedule D will specifically list the auto loan lender's name as they held a Secured Loan. Form 6Decl is your Declaration. That's the Signature Page of your BK Petition. Form 8 is where you stated your Intent whether you were gonna retain, redeem, or surrender the car. And the Discharge will show that all debts listed in the BK were discharged.

[9877donna]

Personally, from looking at our BK Petition,...........

I'd send the Lender the following:

Form 6 - Summary of Schedules,

Schedule D - Creditors Holding Secured Claims,

Form 6Decl - Declaration Concerning Debtor's Schedules,

Form 8 - Chapter 7 Individual Debtor's Statement of Intention (if you filed an Intent to Surrender),

And, a copy of your Discharge.

Form 6 is the Summary of all your BK paperwork. Schedule D will specifically list the auto loan lender's name as they held a Secured Loan. Form 6Decl is your Declaration. That's the Signature Page of your BK Petition. Form 8 is where you stated your Intent whether you were gonna retain, redeem, or surrender the car. And the Discharge will show that all debts listed in the BK were discharged.

Thanks SinkingFast.There's no such thing as 'too much' information.I'll send them copies of those documents today.And as HHM suggested certified,return receipt.
I'll let you guys know if it works or not.

[9877donna]

just something strange...

Hey guys,Just wanted to let you know it was not the Bank that financed my vehicle that sent me that threatening letter.It was the Car Dealership that I bought it from.How do they have the right to send me a letter demanding the deficiency balance??
Any hoot I did get those papers sent to them Certified/return receipt.
Thanks.