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non filing spouse - joint auto loans

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    non filing spouse - joint auto loans

    I have searched extensively and found some good info but nothing exactly like my situation. Hopefully someone might have some insight they can share with me.

    Here is the time line of events:

    2005 - I rack up a bunch of debt like an idiot (all in my name only)
    Dec 2006 - My girlfriend and i buy 2 new cars (in both of our names)
    July 2007 - We get married
    Nov 2007 - I file for chapter 7 by myself (i include all of my debt as well as the 2 new cars in both of our names, we plan on keeping the cars and still continuing to pay on them because we don't want a repo on my wife credit)
    As soon as i filed, both of the auto loans (both with chrysler financial) just disappeared from both of our credit reports. We also stopped receiving statements from the auto lender and no longer had access to login to the accounts online.
    Apr 2008 - I receive discharge of all debts listed in the bk

    We have continued paying on the 2 auto loans since the discharge. I have called the auto lenders and asked them about statements or online access to the accounts and they said that because they were discharged in a bk they can't send statements or give us online access. They did however, assure us that the payments are being applied to the loans and that we can just continue to pay for the rest of the term.

    We are once again struggling with bills because of decreased income and we are trying to figure out the consequences of a voluntary surrender on the vehicles

    Which brings me to my questions:


    Question 1 - Even though the auto loans were discharged in the bk can and will my wife be responsible for the deficiency?

    Question 2 - Because they have not appeared on our credit reports for over a year do you think that they will re-report as a repo if we surrender them?

    Any insight or personal experience would be greatly appreciated.

    #2
    Has your wife called and asked for statements? As a non-filing co debtor, she should have access to this information. If they continue to say no, maybe try asking for their Bankruptcy Department?

    My ex-spouse/co-borrower on my mortgage filed in November 2008. He did not reaffirm. I did not file with him. I still have full access to my mortgage info and online payment access.

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      #3
      Hi shinandnew,

      Yes she has called and asked about statements and online access but they told her the same thing, that the debt had been discharged through bk and they could not send us anything or give us online access.

      This is one reason that i am thinking (or hoping rather) that they might not hit her with the deficiency or re-report as repo on credit.

      Comment

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