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Snafu AFTER discharge

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    #1

    Snafu AFTER discharge

    So I filed chapter 7 and recieved a discharge in September. Yesterday for grins and giggles I pulled my credit to "see" how horrible it looked. Anyhows on Experian it says NO DEBT, no open accounts and basiclly bad payment history as it was all wrapped up in my BK. Anyhows my car loan shows included in bankruptcy, no last payment, amount owed nothing. Does not even show as an open installment. Long story short I filled out the paperwork(reaffirm) from my attorney back in August and even spoke with her about it afterwards, stupidly assuming all would be taken care of. Long story short no paperwork made it to be okayed by the judge for a reaffirm. My lender blames her, she puts the ball in their court and now I have a car I will not ever get credit for on my credit. The good part is I guess I could rebuild my credit score get something new and send it back and nothing they could do...That was not at all my intention as I stated I intended to keep it...Im a little annoyed...Thanks for listening
    Last edited by gymbofreak; 12-18-2008, 03:50 PM.
    04/25/08 Filed chap 7
    05/23/08 phone conference with trustee
    05/30/08 341 set
    07/29/08 Last day for objections
    Tags: None
    #2
    You were expecting that the Car credit line would report normally? That just doesn't happen as the Bankruptcy actually eliminated that debt.
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment

      #3
      I signed reaffirmation papers...so it would report properly...no?


      Originally posted by justbroke View Post
      You were expecting that the Car credit line would report normally? That just doesn't happen as the Bankruptcy actually eliminated that debt.
      04/25/08 Filed chap 7
      05/23/08 phone conference with trustee
      05/30/08 341 set
      07/29/08 Last day for objections

      Comment

        #4
        Originally posted by gymbofreak View Post
        I signed reaffirmation papers...so it would report properly...no?
        Not necessarily. You'd have to ask your lender what they do in that specific case.

        Otherwise... such is Bankruptcy... c'est la bankruptcy.
        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

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

          #5
          Mine said it would report correctly...

          Originally posted by justbroke View Post
          Not necessarily. You'd have to ask your lender what they do in that specific case.

          Otherwise... such is Bankruptcy... c'est la bankruptcy.
          04/25/08 Filed chap 7
          05/23/08 phone conference with trustee
          05/30/08 341 set
          07/29/08 Last day for objections

          Comment

            #6
            Originally posted by gymbofreak View Post
            Mine said it would report correctly...
            Then file a dispute with the credit reporting agencies. If it still doesn't fix it... back to the lender!!!
            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

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

              #7
              Maybe my post was not clear..The paperwork never made it to the bankruptcy court(my lender blames attorney, attorney blames creditor). Thus My car was not affirmed and no way to change it as it is discharged and closed now.

              Originally posted by justbroke View Post
              Then file a dispute with the credit reporting agencies. If it still doesn't fix it... back to the lender!!!
              04/25/08 Filed chap 7
              05/23/08 phone conference with trustee
              05/30/08 341 set
              07/29/08 Last day for objections

              Comment

                #8
                Originally posted by gymbofreak View Post
                Maybe my post was not clear..The paperwork never made it to the bankruptcy court(my lender blames attorney, attorney blames creditor). Thus My car was not affirmed and no way to change it as it is discharged and closed now.
                Yes, it wasn't clear. Yup... you basically lost that tradeline. As you said. maybe make them eat steel.
                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

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment

                  #9
                  Thanks hun. Hey someone in another thread brought up that if it was included in a bankruptcy the lender could come get teh vehicle anytime if they wanted too. Well if thats the case...if I paid it off would I even get a title?

                  Originally posted by justbroke View Post
                  Yes, it wasn't clear. Yup... you basically lost that tradeline. As you said. maybe make them eat steel.
                  04/25/08 Filed chap 7
                  05/23/08 phone conference with trustee
                  05/30/08 341 set
                  07/29/08 Last day for objections

                  Comment

                    #10
                    Originally posted by gymbofreak View Post
                    Thanks hun. Hey someone in another thread brought up that if it was included in a bankruptcy the lender could come get teh vehicle anytime if they wanted too. Well if thats the case...if I paid it off would I even get a title?
                    Title and ownership is always by underlying non-bankruptcy law. You get the title when the underlying debt is paid off. That's by operation of State law.

                    And yes, they can come and get it if they want. However, if you're paying, they probably will leave you alone. This is known as a "ride through".
                    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

                    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                    Comment

                      #11
                      is this still true even with credit unions--car loan & cc---

                      Comment

                        #12
                        lawyers can be dumb....judges have to approve reaffs and generally they don't. Actually consider yourself lucky - if you can't pay you can give it up with no issues. You can rebuild in other ways.
                        Filed Chapter 7 Pro-Se May 29, 2008
                        341 July 1, 2008
                        Discharged September 4, 2008
                        Closed November 10, 2008 :-)

                        Comment

                          #13
                          Yes I agree!

                          Originally posted by danaf View Post
                          lawyers can be dumb....judges have to approve reaffs and generally they don't. Actually consider yourself lucky - if you can't pay you can give it up with no issues. You can rebuild in other ways.
                          04/25/08 Filed chap 7
                          05/23/08 phone conference with trustee
                          05/30/08 341 set
                          07/29/08 Last day for objections

                          Comment

                            #14
                            make you it says on you CR that the debt is discharged not just IIB
                            Chapter 7 07/30/2008
                            341 09/17/2008
                            Discharge 11/21/2008

                            Comment

                              #15
                              I think everyone of my debts say IIB....I dont think any of them say discharged?Ok I just rechecked and I see some say IIB and some says IIB and discharged.

                              Originally posted by TEW View Post
                              make you it says on you CR that the debt is discharged not just IIB
                              Last edited by gymbofreak; 12-21-2008, 05:33 PM.
                              04/25/08 Filed chap 7
                              05/23/08 phone conference with trustee
                              05/30/08 341 set
                              07/29/08 Last day for objections

                              Comment

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