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Creditor says they weren't notified

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    Creditor says they weren't notified

    I am wanting to voluntarily surrender my vehicle (which was included in my bankruptcy-discharged and closed in March of this year); I contacted the lender and they said they have no record of my bankruptcy in their files. I called my attorney and he's going to call them and straighten it out, I hope.

    Anyone else been through this, where the creditor says they were never notified? Are there any ramifications because of this? Can they request that the case be reopened? I'm freakin out here. I thought everything was taken care of!

    #2
    There will not be any ramifications. We had a few creditors that said they had no record of our filing. We simply sent them a copy of the BK petiton (certified mail) and that solved the issue.

    Since you've contacted your attorney, you shouldn't have any issues with this. It could be nothing more than misplaced documents.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      reply

      I hope you're right, since they're clearly listed both in the initial filing and as being notified by the bankruptcy court. My fear is that they'll come after me for the loan and not let me surrender the car.

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        #4
        Loan was discharged....plain and simple really. The lender has ablsolutely no recourse. Even if the lender claimed to have never received anything, you have the court documents to prove that they are listed and the debt has been discharged.
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

        Comment

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