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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 09-09-2008, 10:08 PM
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Join Date: Sep 2008
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Affirmation of asset debt?


What is the name of your state (only U.S. law)? California.
I handled my own BK Ch 7 filing (no attrny) and it was discharged successfully in 01/2008. I was past due on payments at the time of the filing; vehicle loan company was notified of BK filing BUT the creditor was not part of the filing. Always continued making payments until caught up; loan company has stopped sending statements and has cut off all communication. According to recent Experian credit report, loan status is listed as "discharged through BK /Never late, debt included in CH 7 filing...account scheduled to continue on record until 2014...". None of my current payment history is reflected on the credit report. I have the car and have made my intent to keep it by making payments on time--is the debt considered really discharged or should I make a reaffirmation in writing? I certainly would like to have my credit record reflect my positive payment history...

Seems at the moment that I am stuck a bit in a black hole since I represented myself in the BK.

Please advise.

Thank you.
  #2  
Old 09-09-2008, 10:21 PM
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Join Date: May 2001
Posts: 6,454
If you signed no reaffirmation agreement, the debt is discharged and, you have no obligation for any deficeincy balance should you choose to walk away.
It's too late to reaffirm-that must be done by the time the bk is discaharged.
It's pretty standard that they stopped sending statements since, they will be violating the permanent injunction by trying to collect on debts discharged in bk.
  #3  
Old 09-10-2008, 08:07 PM
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Affirmation of asset debt?


Then can they reposess the car if I choose not to pay?
  #4  
Old 09-10-2008, 09:00 PM
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Posts: 6,454
Quote:
Originally Posted by fieldm View Post
Then can they reposess the car if I choose not to pay?
Yep. Your obligation for any deficiency balance is discharged in the bk but, the lender does not lose their security interest in the vechicle.
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