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    Problem after discharge

    hello everyone,

    I have a question, My lawyer was suppose to reaffirm my auto loan for me thru americredit,I got my discharge last week :"),anyway the repo guy was at the house over the weekend and i told him what i thought was gonna happen, anyway the long and short is i took my belonging out of the car and informed him ill call creditor,i want to know at this point in time can i still try to reaffirm on the vehicle?,im really displeased on my lawyers work on my case,can i contact the creditor direct and arrange to reaffirm myself?or shoul i just let it go?,i really dont want the lawyer to handle anything for me from this point on

    #2
    Had you stopped paying for the car and did you file under the old law or, under bk reform?

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      #3
      We were told when we reaffirmed our vehicle that as long as all payments were kept current during the bk process there would be no problems. Also, our attorney had us contact the creditors that we wanted to reaffirm with, then the paperwork was sent through his office to us for reaffirmation.

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        #4
        If they came to repo, I'm assuming you were not up to date on payments?

        Whether you reaffirmed or not, if the car is not paid on time-they can repo.

        If you're behind and can't catch up, the bright side is they cannot pursue you for any balance since you didn't reaffirm.
        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.

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          #5
          And unless it has changed with the new law re-affirmation agreements need to be filed prior to discharge

          But in any case, what happned to you really sucks

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            #6
            thanx for everyones comments
            I decided to just grab a vehicle for cash, i do have another question,I called americredit for the number of the repo company so i can get my plates,i called them(repo company) and asked to pick up my plates and they told me to bring 63.00 dollars with me to get my plates,is there something wrong here?i am the owner of the plates,i asked if i dont get them what will happen, they told me to report the plates lost to my motor vehicle office?,should i call the state atty gen office?

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              #7
              We've lived in States where we owned the plates, the plates didn't belong to the vehicle. When you trade, you take your plates with you. It's not right that the repo company is expecting you to pay for something you already own. Not like they could pay the State for that plate number or anything.

              I'd make a stink of it to someone.
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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                #8
                from what im finding, they havt to surrender them to the nys motor vehicle dept within 24 hrs after repo,it has been 7 days and they are telling me to tell the motor vehicle dept they are lost, that would be filling out a false statement knowing the repo company has them

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                  #9
                  Hummmmmmm

                  Sounds like they have some other use in mind for your old plates.

                  Check first and make sure those plates have not been returned to the State. If the plates haven't been returned, report that repo company to some sort of legal branch.

                  This could be some sort of car jacking, chop shop, auto theft type ring that you've stumbled into. Or maybe drug runners, hit and run hold up thieves, whatever. Put the wrong plates on the get away car so if the plate get's run, the cops have the wrong ID.
                  Filed Ch 7 - 09/06
                  Discharged - 12/2006
                  Officially Declared No Asset - 03/2007
                  Closed - 04/2007

                  I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                  Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                  Comment

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