Post-Bankruptcy Repo????

[kdruthe]

Georgia. I was told by a bank loan officer that my vehicle could be repossessed to pay off an old auto debt. I filed Ch 7 in 1998, but didn't include the first truck. I was laid off and lost my truck. I owe around $10,000. Is it true that they can take my truck that I own now to pay off an old debt?

[Ladynred]

Not if the debt was included in your bankruptcy ! ANY collection attempt on a discharged debt is a violation of the permanent injunction of your discharge.

Did you reaffirm the old truck ?? If not, the debt for that was discharged too.

[kdruthe]

Georgia: This truck that I have now was purchased in 2004. I filed bankruptcy in 1998. The first truck that was repo'd was not included in the bankruptcy because I planned on paying for it, but I was laid off in September of 1998 and it was repo'd in Mar 1999. They say that I still owe $$$ on the truck that was repo'd in 1999.
I financed the truck that I have now in 2004. I just paid it off. I'm worried that they will try to repo this truck I just purchased to cover a previous repo not included in bankruptcy.

[Ladynred]

The first truck that was repo'd was not included in the bankruptcy because I planned on paying for it

There is no such thing as NOT INCLUDING a debt like a truck payment in a bankrutpcy. ALL debts MUST be included. So the question remains, DID YOU SIGN A REAFFIRMATION AGREEMENT ON THE TRUCK ??? If you did NOT sign a reaff agreement, then the debt was discharged - period.

I financed the truck that I have now in 2004. I just paid it off. I'm worried that they will try to repo this truck I just purchased to cover a previous repo not included in bankruptcy.

If the truck you bought in 2004 is PAID OFF and the lien has been released, the title is free and clear then the truck is YOURS - they cannot repo a vehicle that is PAID 100% !!

Whoever is telling you this crap is lying to you. I'd be willing to bet that a collection agency has told you this, it sounds just like the usual hogwash that comes out of their mouths.

[kdruthe]

Georgia. The truck was reaffirmed in the bankruptcy.
I was told by a bank loan officer, not a collection agency.
I'm glad to know that I can't lose my truck. Appreciate your input. You never know who to believe!!

[Ladynred]

Ok, you reaffirmed.. too bad. That means you ARE on the hook for the debt after the repo.