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1099 After vehicle buyout from bank?

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    1099 After vehicle buyout from bank?

    I surrendered by SUV in my chapter 7 bankruptcy. I owed $12,xxx.xx on it at the time of my filing.

    The day they called me to schedule a repossession date, they asked if I wanted to make an offer to buy it because they'd sell it at auction and probably get $3000 for it. So in writing, I submitted the offer for $3k and they accepted.

    I was wondering if, in the next month or so, they could legally send me a 1099 for the $9,000 difference. Or does that difference get written off since it was surrendered in bankruptcy?
    Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
    Discharged 4-17-09!!!
    Reason for filing: Medical, NOT irresponsibility with credit.
    "Sometimes you have to fall before you fly"

    #2
    Originally posted by Intoodeep80 View Post
    I was wondering if, in the next month or so, they could legally send me a 1099 for the $9,000 difference. Or does that difference get written off since it was surrendered in bankruptcy?
    The deal you struck with your lender appears to have happened after you filed bk - true? If that's the case, then the new debt has nothing to do with your bankruptcy *UNLESS* the new agreement you signed with the lender included language that relates the old pre-filing debt to the new debt. Did it?

    Did you have a lawyer look over the new $3K paperwork before you signed it to ensure you weren't taking on any of the old debt in the agreement?

    You didn't say whether your Ch 7 is already discharged and closed - is it?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Originally posted by lrprn View Post
      The deal you struck with your lender appears to have happened after you filed bk - true? If that's the case, then the new debt has nothing to do with your bankruptcy *UNLESS* the new agreement you signed with the lender included language that relates the old pre-filing debt to the new debt. Did it? ?
      The paper I signed was very basic. It just said "we accept your offer and it will need to be paid by xx-xx-xxxx. Signed, Nat City". It did not say anything else (serious).
      Originally posted by lrprn View Post
      Did you have a lawyer look over the new $3K paperwork before you signed it to ensure you weren't taking on any of the old debt in the agreement?
      I did. My lawyer said go for it and congratulations. Back then, I didnt even think about the 1099, so I did not ask.
      Originally posted by lrprn View Post
      You didn't say whether your Ch 7 is already discharged and closed - is it?
      Its in my sig. line (what do we have those for anyways?) lol... but yes, discharged April 2009.
      Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
      Discharged 4-17-09!!!
      Reason for filing: Medical, NOT irresponsibility with credit.
      "Sometimes you have to fall before you fly"

      Comment

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