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Auto in Chap 7

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    #1

    Auto in Chap 7

    I had my auto financed and claimed against them, did not reaffirm them, I wanted to let it go back. My hearing no one showed up it took 15 minutes and now it has been discharged since aug of 2005 my hearing was may 2005. I still have the car no one has come to get it. I pull my credit report and see the auto was charged off in sep of 2005. It is stil registered ,insured, My question is do i get a title or am I allowed to sell it trade it in just plain ole confused here. I am confused. Help me.
    Tags: None
    #2
    Even though the debt was discharged, the lender still owns it. You can't trade/sell what you don't own. Its unusual that you haven't heard anything on it. I assume you are not making payments?

    They can repo it at any time.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

    Comment

      #3
      no i am not making payments, the amount owed on is 2500 the value is 1800. On my credit report they say it was charged off and nothing about the B-k. they just put this in in Oct on my credit report. I have claimed against them. I just looked at my report.

      Comment

        #4
        It should not show a balance owed on your credit report.

        I can't imagine why the creditor hasn't come for it-unless they are small & out of state perhaps, and don't want to put time & money into it. Regardless, it is still theirs and they can come for it at any time if they choose.
        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

        Comment

          #5
          I'm in something similiar, I think.

          I had my 341 on Friday (12/23) and no one showed up. The lien holder on my car, CNAC wasn't there, which surprised me. Orginally I was going to reaffirm on the car but have since opted against it. Question now is, do I contact them to arrange the return of the car or should I wait for them to find me? (I'm in a different state than when I first filed.) Getting answers from the attorney's office is like pulling teeth.
          I'm not a lawyer or legal expert, just offering advice on what I may have gone through and/or have knowledge of. Good luck!
          341-done
          Last date for objections: 02/21/06 - done
          Discharged: 02/24/06
          Case closed: 3/8/06

          Comment

            #6
            well you have to figure out if you want to reaffirm first. if you do then contact them. if not then forget about it and keep making payments.

            go to your attorneys office and sit there and wait. call before you go to make sure he will be there that day. you need an answer.

            just curious for my own reference, is it that you cant get the attorney directly on the phone or you cant get anyone to answer your questions? i cant get my attorney on the phone but they get the answers for me each and every time so i am just wondering what you mean. thanks
            Im not an attorney or a trustee. You cant trust me either though!

            [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
            [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
            [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
            [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

            Comment

              #7
              Try some mudrunning with it!

              Originally posted by fixit
              no i am not making payments, the amount owed on is 2500 the value is 1800. On my credit report they say it was charged off and nothing about the B-k. they just put this in in Oct on my credit report. I have claimed against them. I just looked at my report.

              Keep it insured, maintained fueled...But if you worry about "Midnight Repo" I'd have a 5 gal can filled and have little in the tank.

              When mine was repoed, there was 1-2 gals in tank, but they towed as they didn't trust me (For some odd reason) to not be willing to hand over keys..

              Not that I'll worry...But just do as you feel....

              Comment

                #8
                Ah. Nothing like the "screw my fellow man" attitude from Genenco to make the Christmas holiday complete.

                Comment

                  #9
                  did i just hear something? hmm, nope. it was 'nothing'. never mind.
                  Im not an attorney or a trustee. You cant trust me either though!

                  [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
                  [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
                  [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
                  [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

                  Comment

                    #10
                    Originally posted by Lightning
                    Ah. Nothing like the "screw my fellow man" attitude from Genenco to make the Christmas holiday complete.
                    And how exactly is he screwing someone over~the gas in the tank is HIS possession, HIS money. So if they are coming for the car, why give them a full tank of gas that isn't theirs?

                    Comment

                      #11
                      Originally posted by Lightning
                      Ah. Nothing like the "screw my fellow man" attitude from Genenco to make the Christmas holiday complete.


                      HEY!!! MERRY CHRISTMAS MR. POTTER!!!!

                      Comment

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