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what to do what to do--looking for opinions.

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    what to do what to do--looking for opinions.

    ok...so as i've said before on a different topic...i had filed a chap 13 in 2006 that was dismissed. i had a car loan with cap one that was put on there..i was able to bring acct current after dismissal and have been paying on the car ever since. i was not aware that cap one had listed the account as charged off and have not been reporting ANYTHING to the credit bureaus....now i just filed a chap 7 july 30th. on my statement of intention i put to retain and pay. saturday i got a re-affirmation agreement in the mail from cap one. i really dont want to sign it. ok..i got the car brand new in 2005 nissan altima..i have about 18 months left to pay on it still. in the last couple of months the check engine light has been on...and i still dont know what all that is about. i was thinking of continuing to pay on it and then after i get my discharge maybe go and see if i can find something else? that engine light makes me nervous. my pmt is 441.00 per month on that thing. i was wondering though...say 3 months from now it breaks down and is really expensive to repair(engine) could i call cap one and tell them to come pick it up and not be charged any deficiency balance or have them report anything negative on my credit report? since i wont be signing the re-affirmation agreement? i just dont know what to do..i mean i know im not going to surrender it because it is my only source of transpo to get me to work so i have to continue to pay on it im just wondering if i should need to unload it in the future what if any problems will this cause.....sorry for the long post! thanks! u guys have really been great.

    #2
    Plain and simple. If you do not sign a reaffirmation agreement, the debt is discharged. They can never come after you for any deficiency... so long as you didn't fraudulently destroy or otherwise damage the property.

    If you do not reaffirm, their only recourse is a repossession.
    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.

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      #3
      thanks justbroke! it is funny when i got home yesterday i had a mail from a company that does redemption loans? so now im THOROUGHLY confused!~ my 341 meeting is thursday. i have been trying to look into this redemption loan thing to see if it would benefit me but i dont know if i have time to pursue it....

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        #4
        You have time. A redemption "order" needs to be done prior to the case being discharge. However, the actual redemption can run a little later than the discharge itself since you're just paying off the discharged creditor, in order to have the lien transferred to a new 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


          #5
          well u know what? they denied me. i got an email and it said i'll get a letter in the mail in 30 days explaining why. maybe it was for the best. i only have 17 months left on the loan, maybe they couldnt finance it to where it would benefit me..i surely wouldnt want to extend the life of the loan, i've been paying on it forever it seems as it is! so all is not lost, i'll just continue paying like i have been...today is my 341 i didnt get a wink of sleep last nite! lol
          fingers crossed!

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