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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 01-08-2003, 04:09 PM
mikenang22
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Post BK problems.


What is the name of your state? OR

We filed chapter 7 in April of 2002 and it was discharged in July of 2002. We had a car that we still owe money on that we did not send back. We never signed a reaffirmation agreement and our lawyer said that Chrysler didn't require one. We have been making timely monthly payments on this vehicle but our credit report doesn't reflect it. Chrysler says that they can't update it because we didn't sign a reaffirmation agreement. I asked the person at Chrysler to give me the number to the bankruptcy department but they said they don't have it.

We have an opportunity to buy a home this summer as long as our car shows that we've been paying with no late pays. I called my lawyer and they basically blew me off. I need some advice.
  #2  
Old 01-08-2003, 05:04 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
I don't know that what the person told you is correct. Per the FCRA, if you're paying on the account, whether they consider it open or closed, then they should be reporting the accurate information to the CRA's. What I don't know is if the FCRA still applies for this kind of situation.

How does the car loan show on your credit reports ? Does it say 'included in bankruptcy' ?
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  #3  
Old 01-08-2003, 05:08 PM
mikenang22
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All that it shows is that we haven't made a payment since last March.... no late pays show up and it doesn't say anything about our bankruptcy.

I called back this afternoon and they told me that if we signed a reaffirmation agreement then they'd take it out of the collection status and start reporting to credit brearus regularly. Then I called our "attorney" and he said that he thought that it could be too late to sign a reaffirmation agreement, but would look in our file and call me back... no word yet.
  #4  
Old 01-08-2003, 08:59 PM
dorenephilpot
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You would sign a reaffirmation agreement DURING the bankruptcy (i.e. while it's pending), not after your discharge is granted.
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