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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 04-04-2008, 12:11 AM
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Join Date: Apr 2008
Posts: 1

No Reaff signed - now what.


What is the name of your state? FL

I filed Chapter 7 back in Oct. and it was discharged in Feb. One creditor dropped the ball and never got the reaffirm agreement filed with the courts before discharge. My attorney told me it was better for me and just work things out with them. Its been almost 3 months and I can't get them to send me anything in writting about renewing the loan but they want me to send all kinds of stuff in writing about my repaying them being volutary etc...

Another creditor of mine accepted the reaff but did not put the late pays on the back end and its be a real pain to get those paid off. I'm affraid that if I just start makeing payments without anything in writing they will do the same thing and possibly repo the vehicle.

The question I have is, if they did not ask the courts to reaffirm the debt or reposess the vehicle - can they after the discharge has been entered?
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Old 04-04-2008, 07:31 AM
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Join Date: May 2001
Posts: 6,450
Any reaffirmation agreement filed after discharge is illegal and the creditor is subject to huge fines and criminal penalities. Just google Sears and the FTC and Chapter 7 reaffirmation agreements and you'll see why the crteditor won't act.
What you got is a ridethrough. While tecnically they might be able to repo, the reality is, they want your money-not another car in the impound lot. As long as you are cirrent, they'll leave you alone.
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