My husband reaffirmed his car payments when we filed for bk last 06/05. Last night the car was reposessed because it wasn't being paid since then. He owes about $2K to date. The question is now that the car is gone, can it be included in the bk? We were discharge 12/06/05. Thanks again in advance for anyone's input.
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Well, sit down and breath deep,
If your husband signed reaffirm papers, then quit paying on the auto, yes they have repo'd it........
If he signed the reaffirm papers before discharge, then the auto is NOT PART OF THE BK and is not discharged. He will have to pay the balance of what is owed after the vehicle is sold.
Tell him to make sure the auto place sends him a copy of the bill of sale SHOWING what the vehicle sold for and what he still owes on it. Make them prove what he still really owes, not just word of mouth or a statement.....Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different. -
Originally posted by Minnymouth
Thank you, Minny. How do you make someone prove that he still owes that much? The dealership wasn't returning calls or sending any payment coupons. Am just wondering what the process is and how long will they hold the car that is if we are willing to pay for the past dues? Thanks so much, Minny.Comment
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