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How Can I Clear This Up.....

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    How Can I Clear This Up.....

    I FILED BANKRUPTCY A FEW MONTHS AGO
    I CHOSE TO KEEP MY TWO VEHICLES AND PAY THEM OFF SINCE I DIDN'T OWE THAT MUCH
    I RECEIVED MY DISCHARGE PAPERS
    I WAS 39 DAYS LATE WITH A PAYMENT ON ONE VEHICLE AND IT GOT REPOSSESSED :
    I ATTEMPTED TO PURCHASE ANOTHER VEHICLE FOUR DAYS LATER AND THE REPOSESSION SHOWED UP ON MY CREDIT REPORT
    CAN I HAVE THIS ADDED TO MY CHAPTER 7

    #2
    I am confused about the BK timeline...you reaffirmed on your vehicles and the company agreed? when during the process did they repossess it? After your discharge? I am not an attorney but since your case has already been discharged I dont think you can add it to the BK after the fact. Most companies who repossess vehicles will sell it and sue you for the difference. I dont quite understand why they took it unless you didnt let them know the payment would be late.

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      #3
      Lenders get kinda nervous when BK filers are late on payments. Even if you did reaffirm. You probably shoulda called to let the auto loan Creditor know you were gonna be late with your payment and why. If you didn't call, that's probably why they repo'd so quick.

      It's my understanding that you cannot add on a Creditor or a debt after you've been discharged.
      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...

      Comment


        #4
        One discharged, its over adding any creditors.

        Also if you signed reaffirm papers on the vehicles, then were late on payments, yes, they will repo and you are responsible of the balance owed after its sold......

        If you included them in bankrutpy but DID NOT SIGN reaffirm papers you were just voluntary making payments. The minute you "missed" a payment or were "late" they repo on you... If it was included in bankrupty without signing reaffirm papers THEN you are NOT RESPONSIBLE for any of the debt that is owed.

        Check you paperwork or contact your attorney to clarify.
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment

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