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CU wants car back... can I get another?

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    CU wants car back... can I get another?

    I filed ch7 in August and was just discharged about 20 days ago. Before I filed I had modified my car loan with my credit union so I was not behind when I filed. During the entire bk I kept trying to make payments and they kept refusing them telling me that they were waiting on something from the court stating that I did not include the car in the bk. Yesterday I came home and got the mail and found a motion for abandonment. Suddenly they want the car.

    I have no money to put down on another car. I have to have a car to get to work- we do not have public transportation. I have thrown out all of those letters you get after you file from the dozens of dealers who contact you after you file a bk.

    How do I go about trying to get financed? I can not use capitol one. I discharged a credit card with them. Do I just call local dealers and ask them? Should I wait and see what happens with mine or is it better to do it before so it doesnt appear as a repo??? Help!

    #2
    If they returned your car payments, why did you not save that money? This should have been a red flag to you that they were not accepting less than a reaffirmation of the loan. You might just go and talk to them about allowing you to keep the car, moving the payments up to currrent (extending the note of course) and reaffirm the note. OR rewritting a modification will automatically reaffirm the note as you are discharged.

    Other than that, find a buy here, pay here place. Beware, the interest is high and they usually buy cars too bad for real dealers to sell used. Best I can tell you for now, but you had to see this coming. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Originally posted by AngelinaCatHub View Post
      If they returned your car payments, why did you not save that money? This should have been a red flag to you that they were not accepting less than a reaffirmation of the loan. You might just go and talk to them about allowing you to keep the car, moving the payments up to currrent (extending the note of course) and reaffirm the note. OR rewritting a modification will automatically reaffirm the note as you are discharged.

      Other than that, find a buy here, pay here place. Beware, the interest is high and they usually buy cars too bad for real dealers to sell used. Best I can tell you for now, but you had to see this coming. 'Hub

      I never received a reaffirmation. Also every time I spoke with them they indicated that everything was fine. I actually went in there every few weeks to try to make this payment. I was told that once the paperwork was cleared up the account would be unfrozen and I would be able to make the payment.

      I did in fact save that money- but its only $700.00.

      Thanks for you help... the tone however is not necessary.

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        #4
        I sincerely apologize for the "tone". My fault, I just left a post that was IMO a sham, so I was pre prepped. Sorry.

        It remains that I believe they thought a reaffirmation was in progress. I see no other way for "PAPERS" to exist or what they were looking for? Now if they were that 'nice' and you had a good rapport with them, attempt the modification of your loan. They would rather have payments than another repoed car. 'Hub


        EDIT: P.S.. If you have that money, have it with you (in cash is more impressive) and flash it in your conversation. (put googley eyes on it too. LOL) That would show your sincerity. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          Might call your lawyer. The bank did this to my uncle. They let them ride there house through. They would not take a payment till they where done with bk. Then told them they had to pay the last 6 months or move. They made them move and sold a 150k house that had a 80k loan on it for 30k now expect my uncle to pay the other 50k. I told him he need to go change his chapter 11 to a chapter 7 as it was still open because he was still paying payments.

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