fell through the cracks?

What is the name of your state? calif. While in a 13 we purchased a vehical and claimed it in the 7 that followed. Now that we have been discharged for 6+mos, we were looking to trade it in and was told it didn't exist on our credit and could 'drive it till the cows come home'. We don't get a monthly bill for it, we just pay ourselves from a coupon book. We ran out of coupons and when we called for more the car co. stated that since we had been in a bankruptcy we didn't get coupons. My question is this, Is this car ours? And do we no longer have to pay for it? Or if it's repoed now will it not be on our credit since it was listed in our bankruptcy?

[Ladynred]

No, it is not 'yours' until its paid off.

Did you sign a reaffirmation agreement for this vehicle ??

Even if you didn't, as long as you keep making the payments, they'll let you keep the car. However, they cannot bill you or do anything, like sending you payment coupons, that would even smell of collection activity, its against the law. What you will have to do is continue to make the payments on time. If I were you, I'd keep a ledger of every payment -check number, date paid, date mailed, amount, etc.

If you stop paying for the car, they will repo it. If you signed a reaff, then you will be liable for any deficiency due after it is sold. If you did NOT sign a reaff, you let them have it back and walk away with NO liability at all.

So how do you know if you signed a reaff aggreement, would it be an option after discharge or is signed when the contract is signed?

[Ladynred]

IF the loan was not paid at 100% during the Ch 13, then when you converted to a Ch 7 the creditor would usually send you a reaffirmation agreement for you to sign.

If this didn't happen, and you signed no new agreements to pay on the car loan, then it was discharged.

thanx

[AttorneyOney]

Your personal obligation to pay the loan was discharged, which is why you're not getting any bills. The lender's security interest was *not* affected by the discharge. So, if you don't make the payments, they will repo the car.

You would know if you signed a reaffirmation agreement. If you had a lawyer during your 7, [s]he had to sign off on it. If you handled your 7 pro se, there would have been a hearing where the judge would have told you what a bad idea it was to reaffirm a dischargeable debt. These agreements must be signed before discharge, by the way.

We purchased another vehicle at a much lower rate of interest, smaller payments and less years. We are going to take the other car that was in the 13 back to the company, before they repo it. And go about our business and not get dinged. Right?