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T/J: car return questions

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    T/J: car return questions

    I didn't want to litter the other thread with my questions, but I'm hoping someone can help me out. I have two questions:

    1) We surrendered our vehicle in BK. Does this count as a repossession, or something else? We were only one month past due when we surrendered it, so we weren't to the point that they were threatening to repossess.

    2) A man called today to ask questions about the car. Apparently the credit union is trying to sell it, gave him our name and phone number and told him that we "used to own the car, but filed BK because [we] couldn't pay for it any more." That's what the guy said when he called. Is there anything we can do about that? It doesn't seem right to me that they can give out our personal information to some random person. With our name and phone number, he could easily find out where we live or anything else he wanted to know. We never gave them permission to do that. What can we do, if anything?
    Filed Chapter 7: 9/29/06
    341 Meeting: 11/01/06
    Last Day for Objections: 1/01/07
    Discharged and closed: 1/03/07

    #2
    I can help with both of those questions, I think.

    No, it shouldn't show as a repo on your Credit. The BK came first and then the car went back. If you were late on payments, the Lender can show the number of days late. 30, 60, 90, etc, on you Credit Reports. Then the CRA's should show the loan IIB.

    We lived in KY 20+ years ago. Back then, the seller was required to give out the previous owner's name and contact info to prospective buyers, IF the buyer asked for it. I remember the very first car I ever owned, the dealer gave us the previous owner's name, address, and phone number. My Dad called and talked to the previous owner about the car.

    That was before people could access a source like CarFax to do a title search themselves. It was the State's way of helping to prevent fraudulent transfers of stolen cars being brought in from out of State, AND, to help buyers be more informed when making a used car purchase.

    If the CU gives your names and contact info to a buyer, that person should have gone in, looked at the car, and asked the CU face to face about the previous owners. The CU shouldn't be giving out your contact info to people who just call in and inquire anonymously over the phone.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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