New Questions on Old Filing

[AAAArt]

Hi everyone, I'm back and I'm confused and need some help.
Filed BK 10/13/05
Discharged 2/13/06
Closed...119 days in status
My case is still open as I was receiving some outside income (similar to Life Insurance renewals which the trustee would have taken all of until claims were all paid off. Mine was different enough that I am to give the trustee 1/3 of my quarterly payments for a year. 1/3 for trustee, 1/3 for taxes due and 1/3 for me. The third installment should arrive in July and my lawyers understanding of the agreement was that the trustee was to get 4 payments, so this could end in early October. )
That was just background, now here are my questions...
1. We re-affirmed my car and my wife's car, but I also had a motorcycle that is slightly upside down and we did not re-affirm it.
Last month I was late with the motorcycle payment of $317 and got a late fee of $18.62.
Money is very tight and now I am considering surrendering the motorcycle.
Since it was included in the BK and not re-affirmed...am I correct that they cannot come after me for the difference owed and the amount for which they sell it? How about the late fees (there will be one for this month also, if I even make the payment. Will I have to pay them back and will they go against my credit score?
I am in a difficult position as my medical disability was cut by a 1/3 in May. I ahve a part time job, but will either have to give that up or my medical disability in 4 months. I know that sounds crazy, but my disability is defined as the inability to do the job for which I was trained and this part time job is in the same field and the disability income can not be supplemental. I could go get a part time job at McDonalds or Target and that would be okay. However, this job has very flexible hours and I don't know if I can handle regular hours and several hours at a time on my feet.
All of this is to say that it seems ridiculous to put $1268 in on motorcycle payments over the next 4 months just to have to give it up then.
My memory is fuzzy over the laws, so can some "oldtimers" who filed under the old law (pre 10/15/05) help? TIA, Art

[FilingOnMyOwn]

My concentration is fuzzy too... What exactly are you asking now? If you would have to pay the late fees?

[AAAArt]

Thanks for the response. I'm asking...
1. Since motorcycle was not re-affirmed and was included in BK...will I be responsible for the upside-down difference when they sell it.
2. Will I still be liable for late fees if I surrender it to them?
3. Will late payments go on and stay on my credit report since this was included in BK?
Hope that I made it clearer this time. Art

[bezoar]

1. No - you are not responsible. W/O reaff, your pmts are "voluntary." Arrange for pick up (or drop off) and get a signed receipt to CYA.

2. No. Other than repossessing your vehicle, they are not allowed to continue any collection activity where this acct is concerned.

3. They should not be reporting on this acct. Any postings of late pmts after your BK is discharged could be considered continued collection activity. They MAY try it - if they do, it would then be up to you to take them to task and have it cleared up.

That's the beauty of not reaffirming. You get to keep the property w/o many of the risks, as long as pmts are made, and insurance is kept up to date per original contract. I seem to recall that the new law no longer allows the "retain" option, but I don't know how that ended up shaking out.

[krobin02]

That's the beauty of not reaffirming. You get to keep the property w/o many of the risks, as long as pmts are made, and insurance is kept up to date per original contract. I seem to recall that the new law no longer allows the "retain" option, but I don't know how that ended up shaking out.

I filed under the new law and get to keep my not reaffirmed car as long as I keep up on the payments.