Chargeoff

What is the name of your state? IL

I am filing chapter 7 on friday, Feb 28. I am not keeping the auto I have thru Bank one. They are calling and I told them to come get it, but they said they didnt want it. Today they called and wanted me to make a payment because the charge off is going through on thursday the 27th. Will a charge off make any difference on my filing bankruptcy and not keeping the auto? Bank one seems to think so. Thank you. I am filing pro se

[Ladynred]

BankOne is full of horse hockey !

It won't make any difference at all if its a charge-off or not. You include the debt, you tell the Trustee you're NOT reaffirming it and NOT keeping it. The debt will be discharged since you're going to give it back. Of course they don't want the vehicle, they want nothing but money. So, if they really don't want it, then you might end up being able to drive it w/o paying for it. It happens sometimes, the lender takes its sweet time in picking up the vehicle and I've heard stories where they NEVER come pick it up! Either way, you won't be liable for it in any way once its discharged. Don't believe anything a lender tells you in these situations, they'll do anything to get $$$ or to scare you.

If it goes to a collection agency before you file, make sure you add that collection agency to your creditor matrix ALONG with BankOne. If you file before it goes to a CA, be ready to amend your matrix to include the collection agency.

Ladynred, you are so helpful. thanks again. I have been getting a lot of calls from Bankone. This guy yesterday was very rude to my daughter. I told her to hang up on him. He called back 5 times, so I told him not to be rude and I was going to record him. He said so what he didnt care. But he didnt call again. I asked him not to call, to send a letter. I will be glad when this is over.

[Ladynred]

Once you file on Friday and have a case number, you can tell that clown to pound sand ! If he calls to harrass you after Friday, he'll be violating Federal law which carries fines and sanctions if they continue collection activities.