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Repossessed tonight...signed reaffirmation agreement

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  • Repossessed tonight...signed reaffirmation agreement

    Good evening everyone....I have navigated filing pro se and we were discharged on 10/28. We signed reaffirmation as did the lender (Carmax) and it was filed with the court three weeks prior to discharge date. Tonight I was greeted tonight by a local repo man to pick up our car. I was surprised to see them here as we were waiting for some sort of bill or call from Carmax. Nothing ever came and they were on my list to call in the AM. We have the money to bring ourselves current, or to pay off the loan if necessary.

    Do I have any reason to worry? We're in Illinois and I've got five and a half hours until the office for carmax is open. We had no intention of surrendering the vehicle as we've only got 11 payments to go. Any advice would be great to ease my concern and repo-insomnia.

    Thank you in advance!

  • #2
    I have not went through BK yet, and I am sure someone else will offer info, but from what I have learned in my research...

    Even if you have reaffirmed something.... house, car or otherwise. You have to keep making your normal payments, regardless of if you get a statement or not, as some creditors view sending a statement a violation of the automatic stay.

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    • #3
      My guess is that you will have to pay the loan in full, including all repo fees, to get the vehicle back - but maybe you can cut a deal with the lender. How far behind were you? Remember, the fact that you reaffirmed (assuming the Court signed an Order approving the Agreement) means the debt was not discharged and, if you don't pay it, the lender can and will sue you for the deficiency.

      Des.

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      • #4
        Your got the proverbial "pro se screw" Now that "free" bankruptcy you thought was a good idea will cost you thousands of dollars, all of which could have been avoided by an investment in a qualified attorney.

        As has been pointed out, you needed to be making your payments and ideally get caught up prior to filing BK and during the BK.

        Too, if you were behind on payments going into the BK or stopped making payments during the BK, unless the reaffirmation agreement specifically stated that the account would be deemed current as of xxxx date (basically, the reaff needed to say something about any missed payments.

        As desp points out, you will probably need to pay the balance in full or cut a deal, unless there is some language in the reaff about you being deemed current for any missed payments at the time.

        Now, if you have been current on payments and weren't in default, you need to get your butt to BK court and file stay violation proceeding (unfortunately, there are no "forms" for that type of action).

        If you you were behind on payments, if the reaff did not deem you current, and you don't have the money to pay the loan and costs to get the car back, then get your butt down to BK court and rescind the reaffirmation agreement, I believe you have 60 days from the date the reaff was "filed" with the court to rescind.
        Last edited by HHM; 06-04-2012, 09:25 AM.

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        • #5
          This post was from November. Too late for rescind the reaffirmation agreement. But, in case it is still useful to the OP or others who come across this thread, the OP said the reaffirmation agreement was filed, but doesn't say it was approved by the court, which is required for a pro se debtor. So, the OP should check to make sure the reaffirmation agreement was approved by the judge.
          Last edited by LadyInTheRed; 06-05-2012, 02:40 AM.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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