I just went on Monday, for 341 hearing. My bankrupacy was ruled no asset case, I noted that my Lawyer did not say anything about reaffirming my car loan. So should I still make payments to loan company. I heared that if you don't reaffirm you can still pay, but they can not send you a bill or call you. Also what if I want to get a car that is cheaper then mine. I know mine was put into bankrupacy so can I just get the new loan and return my car to old car lender without issue.
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Reaffirming Vs Non-Reaffirming
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here's a GREAT "sticky" for you to read here on the forum posted by one of most repected and brilliant atty's that hang about this great forum:
http://www.bkforum.com/showthread.ph...-very-bad-idea.
it's not really about car loans, but just gives you a general idea of how reafirming and not reafirming works...etc.
many people do a ride thu with their cars...other banks or lender what you to reaffirm.8/4/2008
MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9
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If you didn't sign a re-affirmation agreement, then you have a lot of flexibility. You can voluntarily surrender your car to your lender at any time. It may not be easy to "just get a new loan" though, since your current credit score reflects your recent bankruptcy.Originally posted by kuzam2 View PostI just went on Monday, for 341 hearing. My bankrupacy was ruled no asset case, I noted that my Lawyer did not say anything about reaffirming my car loan. So should I still make payments to loan company. I heared that if you don't reaffirm you can still pay, but they can not send you a bill or call you. Also what if I want to get a car that is cheaper then mine. I know mine was put into bankrupacy so can I just get the new loan and return my car to old car lender without issue.Filed/discharged/closed Chapter 7 in 2010!
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When I was filing for my BK, my lawyer did not even mention to me about re-affirming my car so I had no idea what that was. All I knew was that I wasn't getting any statements from them while I was going through my BK but that was I was expecting. So after I got discharged, I called in and asked them to start sending me statements, and they told me that they cannot send statements because I've never submitted an reaffirmation in my BK. So I called my lawyer, and he sent me the reaffirmation and I signed it. But since it wasn't submitted at the time I was filing for BK, now that I am discharged, they told me there's nothing they can do about that. They told me to just remember to make the payments on time every month and I should be fine. I have been making monthly payments even during my BK. Did anyone have this issue?
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