probably a dumb question?????

[okra77]

Our 341 meeting is 10/1. We have a truck that we are surrendering. It is financed through Springleaf. I have asked them several timea to com get the truck and they will not tell me anything. My lawyer says that they may not even come get it. As my 341 date gets closer the more nervous i get. I have foun.d great comfort in reading this forum

[justbroke]

I do not know what your question is. The Bankruptcy created something called the "automatic stay". SpringLeaf is prohibited from coming and taking that truck, or even talking to you about what you "owe" them (attempting to collerct), while this automatic stay is in affect. SpringLeaf could ask the bankruptcy court for "relief" from the automatic stay (RFS) and once that is granted they can get the truck.

Other than that, SpringLeaf must either file an RFS and have it granted, or they must wait until you are discharged, your case is dismissed, or your case is closed, whichever comes first.

[AngelinaCat]

Be prepared that SpringLeaf Financial (aka American General Finance) may send reaffirmation papers to your trustee--all filed out and read for you to sign. This happened to us at our 341. The trustee gave us the papers saying: "you may want to discuss this with your attorney."

We took the papers home and shredded them.

[okra77]

You answered it I was wondering why springleaf would not come get this truck. I told them long time ago that i was surrendering it. now I understand so finance companies can just send reaffirmation papers with out our consent?

[justbroke]

You answered it I was wondering why springleaf would not come get this truck. I told them long time ago that i was surrendering it. now I understand so finance companies can just send reaffirmation papers with out our consent?

It has nothing to do with consent. A reaffirmation agreement, sent by the lender, is an "offer" to keep the collateral and to keep the terms the same (although in "some" cases, you could renegotiate the terms). The supermajority of people do not do reaffirmations on any property (home or auto). There are some lenders, however, that require reaffirmation such as Ford Motor Credit. Smaller credit unions or banks may also require reaffirmation. Otherwise you would surrender the property.

In your case, you are surrendering the property so this is all moot. If you do not want to reaffirm, you just don't sign the paperwork.

[okra77]

I got ya now Makes more sense thanks for the help. Here is my last question I am on a installment agreement plan with the irs with that plan still hold true and be honored by them?

[justbroke]

I got ya now Makes more sense thanks for the help. Here is my last question I am on a installment agreement plan with the irs with that plan still hold true and be honored by them?

Upon filing, the installment plan should have been suspended. The IRS is not special and they must also live by the automatic stay. Once your case is discharged, you should contact the IRS and ask to have the installment plan reinstated.

[okra77]

I have been continually making my payments that is what I am supposed to do correct?

[justbroke]

I have been continually making my payments that is what I am supposed to do correct?

You were not required to do so, during the pendancy of your Chapter 7. However, sending in your payments does help with getting the debt paid down. However, you MUST still contact the IRS once you are discharged to get the installment plan reinstated. I'm pretty sure that they have suspended the plans. They are accepting your payments because you do owe them money. I just don't believe that you are technically on an installment plan at this point.

I want to commend you for keeping up the payments!

[AngelinaCat]

JB is correct. The IRS suspended our payment plan while our BK was active. Once we were discharged, the IRS sent a letter instructing us to call and reinstate the payment plan.