cross collateral after chapter 7?

[pamajoer]

FLORIDA~
I recently had a chapter 7 bank. that was discharged. Had a car loan with a credit union, that I continued to pay on through the chapt 7, although I didn't sign a reaffirmation agreement. The car loan was paid off after the discharge, now the loan mgr. claims that the car now become cross collateral for two signature loans (that were included in the chapt 7) that I acquired after the car loan. Can she do this?
Any help would be greatly appreciated, I am still waiting for her to send all three loan agreements that I signed, before I start to pay anything.HELP!!!!!!!!!!!!!

 

[Ladynred]

Did you use a lawyer for your BK ? If so, I'd call him/her ASAP to check on the legality of this. Simply, a creditor is NOT allowed ANY collection activity on a discharged debt. I don't BELIEVE the CU can legally do what they are attempting w/o violating the injunction of the discharge. Definitely check with your lawyer, or A lawyer if you filed pro se.

 

[HomeGuru]

FLORIDA~
I recently had a chapter 7 bank. that was discharged. Had a car loan with a credit union, that I continued to pay on through the chapt 7, although I didn't sign a reaffirmation agreement. The car loan was paid off after the discharge, now the loan mgr. claims that the car now become cross collateral for two signature loans (that were included in the chapt 7) that I acquired after the car loan. Can she do this?
Any help would be greatly appreciated, I am still waiting for her to send all three loan agreements that I signed, before I start to pay anything.HELP!!!!!!!!!!!!!

**A: if the 2 signature loans were really only signature loans and were included in your BK, these loans should have been discharged. If the loans were made using the car as collateral, then that would be different.

 

[pamajoer]

cross collateral after chapter 7

I am not sure if they were discharged, as I recently got a statement from the credit union giving the balance of the car loan, and the balance of the two signature loans. The balance of the two "unseured" loans was just over $1600, and the car loan was listed as -0-. The car was not listed as collateral for either of the loans, and as a matter of fact, the the title of one of the loans is "Signat" and I positively would have remembered the car being listed as collateral.
The c.u. mgr. is saying all of their loans are "cross-collateralized" and that my atty. should have informed me of this prior to the trustee meeting.
It's my fault though, I used one of the widely publicized Debt Relief Legal Center places where the legal asst. does all of the leg work, and the atty. just signs everything. I just don't understand, I thought that "unsecured" loans were supposed to be discharged through chapt 7.ALL of my other unsecured items were reported as being discharged.
I don't know what to do, and the "legal center" is not returning my calls.
The balance on the loans is just over $1600 and she says my car is worth $3600, so she says I must repay $1000 before they release the title, and if I don't then they will come get the car. HELP! PLEASE! SOMEONE!

 

[Ladynred]

Then you need to demand some papers from the CU that PROVES that the car was used as collateral for those other loans. If you didn't agree to it, then it could have been something they do as part of their procedures, though that would have to be written down somewhere so you'd know that's what they were going to do.

If you included these 2 loans in your BK and they truly were unsecured, then they were discharged and they could not collect in any way, shape or form.

Write them a letter and ask them for proof of this cross-collateralization on the loans and find out how/why they did it if you did NOT agree to it.