credit report ?

[chrisandsarah]

I have a credit report question... My discharge for ch. 7 was in 10/2008. My car finance company has not come to get their car yet, I also haven't been able to talk to anyone who knows when or if they are going to come get it. I just started to clean up my credit reports and came across the account for this car. It shows as "Discharged through Chapter 7 Bankruptcy" and there is a creditor comment which says "Account legally paid in full for less than full balance". But... I didn't pay them anything and didn't pay them since March 2008... I spoke with a lawyer who suggested I wait until 6 months after discharge and then request that the bk judge avoid the lein on the car... but does this mean the lender already thinks I paid for it?

[JRScott]

It's possible they could have counted it as paid in full, though unusual it can happen. The 6 month wait period is just to verify that. In essence they leave the car on your property for 6 months, they've abandoned it and you can get the lien stripped off the car by a judge as your lawyer suggest.

[chrisandsarah]

Ok, I was wondering if they would put that it was paid accidentally. I was reading that after 6 months of not receiving a payment they have to decide if they charge the debt off for tax purposes, which I'm guessing is what they did.

After I wait the 6 months from discharge and take the advice the lawyer gave me... to ask the bk judge to strip the lein. Is it likely that the judge will do that? If this is something that is difficult to accomplish I'd like to know before hand so I'm prepared. Or does this happen fairly often and debtors are successful at having the lein avoided?

Thanks!