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Responsibility for deficiency

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    Responsibility for deficiency

    Our Ch. 7 was discharged 2/2011 and we did not reaffirm our vehicles. We contacted Santander 5/2011 to surrender our vehicle - they finally picked it up 8/2011. I just received a letter from Santander stating that they're selling our vehicle and we will be responsible for any difference between what they sell it for and what we had owed on the loan. It was my understanding that since our vehicle loans were discharged in the Ch. 7 that we are not responsible for any debt related to that loan. Am I wrong? Any advice would be appreciated. Thanks!

    #2
    Well, this one I can 100%. I had Santander as well and got the exact letter. I filed chapter 7 and did not reaffirm my car either. I called them and they told me it was just a formality. Basically, a computer spits it out and some idiot mails it without checking their records.
    Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

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      #3
      I should add that it's been 8 months and I haven't heard from them.
      Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

      Comment


        #4
        Drowning -
        Thanks so much for the info - I feel much better!

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          #5
          Originally posted by itsybitsy View Post
          Drowning -
          Thanks so much for the info - I feel much better!
          You're very welcome. I forgot the word "answer" 100%. LOL. I was so excited to respond. LOL.
          Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

          Comment


            #6
            Just curious, they let you keep the car that long after Ch7....? What is the normal time between discharge and actual repo? ...assuming there is no reaffirmation. Does filing for Ch7 prevent repo until the case is discharged? thanks

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              #7
              Originally posted by MBeach222 View Post
              Just curious, they let you keep the car that long after Ch7....? What is the normal time between discharge and actual repo? ...assuming there is no reaffirmation. Does filing for Ch7 prevent repo until the case is discharged? thanks
              See my reply on your other post.
              Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

              Comment

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