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Didn't Reaffirm....What's my Responsibility?

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  • Didn't Reaffirm....What's my Responsibility?

    Hello All! This post is probably in the wrong thread, my apologies in advance.

    I was discharged in Nov. '17 (13 converted to 7) and purchased a new vehicle in December (terrible rate but what's done is done... I'll attempt to refi in a year or so). But anywho- the 2007 SUV I had and still owed around 4 grand on after BK, has not been picked up (which was the reason why I got another vehicle rather quickly).

    Here's where it gets wonky: I called W. Fargo to inquire about a family member who wants to purchase the vehicle from them and the Rep. tells me "we aren't picking it up" after explaining, to her, that I'd been discharged and had not reaffirmed the loan.

    This was weeks ago.... vehicle still not retrieved. Do I have a responsibility to keep calling WF? Are there cases where the vehicle is never retrieved because of age/low value/low amount owed?

  • #2
    You have no responsibility to Wells Fargo. It's 100% their decision on whether they want the vehicle. I am thinking that you weren't speaking with the correct department. If you were speaking with loss or repossession (or collections), those are likely the wrong department(s) as you should be speaking with the bankruptcy department.

    Is your case even closed? If it is not closed and they never filed for relief from stay, they are not going to come get the vehicle until the case is closed.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      Sorry jb, but they can come and get property at any point after discharge. Our case is still very much open, until after our tax return for this year is done & the trustee gets half of any refund. But the bank called about getting our travel trailer & got it immediately after discharge was issued (within a couple of days). This is how our attorney told us it would go.


      • #4
        justbroke Upon entering my account number, they automatically routed the call to the Bk dept. I had no options in the matter... lol

        Chrysalis Agreed. My understanding as well and what a friend has reported happening to them, too.


        • #5
          Originally posted by Chrysalis View Post
          Sorry jb, but they can come and get property at any point after discharge. Our case is still very much open, until after our tax return for this year is done & the trustee gets half of any refund. But the bank called about getting our travel trailer & got it immediately after discharge was issued (within a couple of days). This is how our attorney told us it would go.
          Chrysalis, yes that's the normal process as the automatic stay ends, in Chapter 7s, upon discharge. This was a converted Chapter 13 case, so it is nuanced, especially if the debtor was making payments on the vehicle inside the Chapter 13. Many creditors will wait until closing in a Chapter 13. In some cases, the creditor will file a Motion for Relief from the Automatic Stay (RFS) as a precaution against violating the stay.

          I had the same case style... Chapter 13 converted to a Chapter 7, with vehicles inside the Chapter 13 (crammed down) and "exposed" in the Chapter 7.

          In any case, nothing prevents a creditor from picking up a vehicle regardless of whether they would violate the automatic stay. Some lenders are cautious.

          It wouldn't surprise me if Wells still believes that it's a Chapter 13 case with payments inside the plan. The fact that the Trustee missed payments means nothing inside a Chapter 13 (at least from the standpoint of "late" payments).
          Last edited by justbroke; 01-05-2018, 04:12 PM.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          I am not an attorney. Any advice provided is not legal advice.


          • #6
            It is possible WF will never repo the car if they don't think it is worth enough to bother. But, I suspect JB hit on the reason you were told they aren't going to pick it up.

            I suggest you wait for the case to close and then call Wells Fargo and make an offer of payment in exchange for a release of the lien. Offer significantly less than the car is worth because they are not likely to get the full value at auction. And, of course, don't offer more than your family member wants to pay. If they don't like your initial offer, they may make a counter offer. You can always offer more if they don't, but don't be too quick to show your cards.
            Last edited by LadyInTheRed; 01-05-2018, 04:24 PM.
            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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