Supposedly reaffirmed car loan included in bankruptcy

[TexLavera]

I signed the paperwork to reaffirm my auto loan. My Chapter 7 bankruptcy was discharged last November. I have continued to make the payments on the loan. I recently retrieved my free annual credit report and found the auto loan was included in the bankruptcy. Do I need to continue making the payments or should I stop? If I stop will they repo the car?

I also recently inheirited my father's car (after the discharge). If I have the title transferred to me, will the auto loan company try to repo MY car that I'm paying on currently? (Under TX bankruptcy law it states that a person can keep one auto.) Can I have the car title transferred to my fiancee to avoid a repo of my car?

I'm asking these questions here because my attorney won't return my phone calls....

HELP!

[Trixie007]

Well, on my limited understanding, if the reaffirmation didn't go through you could just stop paying and let it go - or do a "ride through" and keep making payments. Why would they repo it if you're making payments? It does sound like your attorney really needs to answer this so you know if it was in fact reaffirmed or IIB.

Whether or not they repo your car should have nothing to do with you having another car in your name - and I wouldn't think they can restrict how many cars you own after bankruptcy, only how many you can keep in bankruptcy...

I don't know if you're asking about transferring title on the inherited car or your financed car to your fiancee... obviously you can't transfer the one with a loan on it, as you likely don't have the title to that one? IMHO - I wouldn't transfer anything into anyone's name that I wasn't actually married to, but that's just me.

[lrprn]

II recently retrieved my free annual credit report and found the auto loan was included in the bankruptcy.

You need to find out if your lender also signed the reaffirmation agreement and filed it with the court before your case was discharged. You can find this out by accessing your case on PACER. If your lender didn't file a signed reaffirmation with the court, then it doesn't matter that you signed it - there is no reaffirmation agreement.

Do I need to continue making the payments or should I stop? If I stop will they repo the car?

Do you want to surrender the car now? Or do you want to keep it?

If you stop making the payments, the lender can and will repossess it whether the reaffirmation agreement is in place or not.

I also recently inheirited my father's car (after the discharge). If I have the title transferred to me, will the auto loan company try to repo MY car that I'm paying on currently? (Under TX bankruptcy law it states that a person can keep one auto.) Can I have the car title transferred to my fiancee to avoid a repo of my car?

Did you receive your dad's car inheritance within six months of filing your bankruptcy?

If you received the car inheritance within six month of filing, then by law the car belongs to your bankruptcy estate. If it's worth the time and expense, your trustee can seize it to sell for your creditors. Transferring the title would be bankruptcy fraud - you don't want to go there.

If you didn't receive the car until six months after filing, then the car is yours to keep. No shenanigans are necessary.

So....which is it?

You need to run through your options with your lawyer. Stop leaving messages and call to make an appointment to meet face to face as soon as possible. Explain about the inheritance and you need to know where you stand. Good luck! And don't do anything until you talk with your lawyer.

[JoeBankrupt33]

They don't always update this info on your credit report. When I filed in 2001, I reaffirmed 2 vehicles through Ford. All of my credit reports said IIB. I had to ask them to update the status to show my payments and help rebuild my credit.