we have just been discharged and we didn't reaffirm our car loan and no longer want it. can we contact the lender and tell them to come pick up the car? will we be responsible for the balance since the car is worth less than we owe?
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discharged and no longer want car
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1.....did you list them, the lender as a creditor?
2.....are you sure you didn't reaffirm?
if you answered 1 with a yes and 2 with yes, they can't touch you if this was a chapter 7..
was it a chapter 7????
If so, you won't owe a dime... Did you file pro se? or with an attorney? If with an attorney, I would check them them just to cover your bases....just to make sure there isn't something weird about your individual circimstances.
they may repo it anyways, especially if you are in default (not paying monthly or not having insurance on it or if bankruptcy is considered as a default under your agreement with them, some do some don't...).
I recently just got discharged, didn't reaffirm, but plan on keeping car until I save enough to by my 4x4. Then i will stop paying. Idon't have that bankuptcy is default clause in my agreement and my atty told me I am good to go as long as I don't default, they can't repo...
good luck..
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If the debt was discharged and you don't wanna keep the car, contact the Lender to arrange to turn the car over to them. That will prevent you from walking out of the grocery with a cart full of food and no car to take it home in. Or getting up one morning, with no way to get to work.
Pick a mutually agreeable public place and time to meet the Lender's Rep and return the car to that person. Be sure to get a signed receipt stating you returned the car, date, time, person's signature, even notes on condition. CYA yourself with a paper trail.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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