Non-filed reaff, vehicle, discharged--how will this play out?...

[dch123]

We had a Ch 7 discharged in April this year--bought a Durango on advice of attorney prior to filing for a better vehicle and the allowable exempetion....

I signed a reaff agreement (sent to me by attorney) in January in the middle of the case...no big deal...rate was reduced along with payment...creditor is Credit Acceptance by the way...

Along about August, I give all the bills to the spouse (we're not getting along)...she wants to sell Durango to get rid of payment, I say fine...my little beater dies, so now I have to drive said Durango, at least for now...

Come to find out, when I call Credit Accpetance, the account is 3 payments past due (and was one other time when I first gave her the bills to do)...in my conversations with customer service, I find it funny that no one's asking for a payment, or when it'll be current, or nothing...

Check by credit (about 2-3 weeks ago)...bureaus show zeros for balance and payment/included in BK...didn't think much about it at the time...

Long story short--reaff was never filed with the courts; I find this out after requesting paperwork from the attorney (I sent the same letter to Credit Acceptance wondering why there's so much past due, realizing today that the payment/rate was never reduced, because the reaff was never filed with the court)...tagline from attorney letter says I'm on my own, by the way (gee thanks)....

So my question is, how does this play out?...I'm currently driving it, and promised to send a payment tomorrow; however, wife and I are like seperating in the next 1-2 weeks...if I don't pay, will they come and get it at some point?

I don't suppose they can call, because they messed up on filing the reaff. But now that I sent a letter giving them the heads up, will they petition to re-open the case to get it filed? Or just let me pay here and there, knowing they can't call?

My main thing is I don't want a repo on my credit report if the day comes that they do come get it--which I don't think they can do, because the debt was discharged--plus they can't collect a deficiency balance for the same reason...

Help shed some light on this so I say the right thing to the right person at the right time when this does indeed come up--assuming it does.

After all--the balance is like $15K.

Thanks in advance.

[AngelinaCat]

If you bought this vehicle BEFORE you filed, and it was included in the BK and discharged, it would seem to me that you are off the hook. And, if the reaffirmation papers got lost along the way, your financial guardian angel may have been sitting on your shoulder........

That's just my take right now. Someone more knowledeable will chime in I'm sure.

Good luck to you. Sorry about the split.

[Never_Again]

Oh they can come and get it... the lien against the vehicle is still in effect. They can't collect a deficiency, as that was discharged, but they still can get the vehicle.

[dch123]

I'm sure the lein's fine...(I work in the lending industry of all things)...I just wonder what sort of moves Credit Acceptance will make, 'cause they've not made much of any so far...when I paid since January, I paid the reaff payment (which is about $65 less than the originial note payment)...

Between this arrearage that's obviously showing, along with a payment or two (or three) not paid altogether, the account is showing pretty behind dollar-wise...

I mean, prior to filing, if I was so much as a day late, they called me at work, wanted to know when payment was sent, how much, what was the check number, who's your daddy...on and on...

Since the discharge...not a peep--nothing.

I'm just curious--plus I don't want to come out to an empty parking space just out of the blue--especially in front of co-workers...but if I go buy another little hoopty, then the Durango will simply sit in the drive/yard in the country, with me driving it on occassion--and again--will I come home one day and it just be gone?...

Do I pay some here and there--what if this goes on for a year or two?

Thoughts?

[dch123]

Bump....

Anyone?...

[TEW]

you can call and find out how much you can pay to bring it curent or jsut wait until they take it. and yes they can come get it and do not have to say a word to you.