bankruptcy discharged debt

[moes97]

[FONT=]undefined[/FONT]undefinedWhat is the name of your state? Ohio

I filed bankrutpcy in NOv 03. I bought a used car in meantime after filing. The car was totaled in Dec of 03 and there was a misunderstanding of having insurance on the car. Well it ended up not having insurance. So I owed that money to the bank for the car that was totaled. Well, the bank was getting very nasty with me so I bought a new car and rolled in the amount of the totaled car into a new loan. So I am paying for 2 cars now. Well I was able to put the loan amount into my bankruptcy petition. I added some debts into my bankruptcy after my original filing. The bank says that I owe on this totaled car in not accepting that I have included this in my bankruptcy and states I still owe them this amount. My bankruptcy was discharged. Do they have to rewrite my loan dismissing that amount owed on the totaled car. I need help on this and not sure what to do.

 

[Ladynred]

Ok, so you added the 2-for-1 loan into your bankruptcy. Did you reaffirm the loan to keep the new car ? If you did not, then the debt was discharged and the bank cannot make you pay a penny of it. If have the new car, then you must still be paying on the loan - which, if I understand you correctly, includes the amount for the totalled vehicle. If you don't pay the loan, they can repo the car.

 

[moes97]

Ok, so you added the 2-for-1 loan into your bankruptcy. Did you reaffirm the loan to keep the new car ? If you did not, then the debt was discharged and the bank cannot make you pay a penny of it. If have the new car, then you must still be paying on the loan - which, if I understand you correctly, includes the amount for the totalled vehicle. If you don't pay the loan, they can repo the car.

I did not submit the full loan amount on 2-1 loan. I owed 6800 on the totaled car and 2950 for the new car. My loan states combined amounts. They will not release the title to me on the totaled car because I am paying it off with the new loan. All I submitted in bankruptcy was the 6800 for the totaled car not for the new loan amount on the new vehicle of 2950 that I bought the new car for. They also stated that I can not add any debt to my bankruptcy after I have filed. Which I was told by lawyer and the bankruptcy court I could. Can I make them forgive the 6800 on the loan and only have a loan on the 2950 for which i purchased the new car at.

 

[Ladynred]

They also stated that I can not add any debt to my bankruptcy after I have filed.

Oh, they'd LOVE for THAT to be true !!! NOT ! Whoever told you that fairytale needs some BK education.

The problem is, (I believe) when you included the car loan, it was listed by account number - and that means the 2-in-1 #. Even though you only listed the $6800, the entire loan is probably considered discharged, I don't think you can discharge only PART of a debt. Of course, if you want to keep the 'new' car, you're going to have to keep paying the loan.

In reality, I don't think you owe the bank a single penny on any part of that loan and their active attempts to collect on it are in violation of the discharge.

(AttorneyOney -- am I correct ??? )

 

[moes97]

when I called the lender on this they told me that I am carrying two titles one for the 6800 totaled car and one for the 2950 for the new car. They would not give me the title of the totaled car because they state I still owe on it but they made a entire new loan with both amounts and my loan papers say $6800 and 2950 combined. I am getting ripped off and I really need to know my rights. I was told they are basically doing extorsion(sp). I was being harrassed to the point were they were calling me at work and home to pay this debt on the totaled car. Should I inform the bankruptcy court on what they have done if I do not hear from my attorney soon. I think the court should be informed on what they are doing. I think they are in violation of the bankruptcy. Whats your opinion?

 

[Ladynred]

You really need to talk to your BK atty, but IMO, you are correct, they are in violation of the injunction of your discharge by actively pursuing collection on a discharged debt. You did NOT reaffirm the loan so the loan was discharged - and I'd be willing to bet that ALL of it was discharged.

If you're making payments to keep the current vehicle, what are you paying them, just some portion based on the 'new' amount ?

 

[moes97]

no I am still making the full payment of the combined loan. I didn't want to stop making the payments until I knew for sure about the debt being discharged.

 

[Ladynred]

If you're making the full payment of the combined loans, then what the heck is the bank bitching about ??? They're getting paid even though the debt has been legally discharged. The problem is, if you stop, they can take your NEW car, you just won't be liable for any deficiency amount after auction.

 

[moes97]

Well I spoke to the lender again and they stated when I signed the new loan I reaffirmed. Which it states nothing to fact about the being reaffirmed and the banktuptcy court was never notified. They keep changing their story. If the loan was reaffirmed doesn't it specifically state that is what you are doing. Not to sign new loan documents.

 

[Ladynred]

A LEGITIMATE reaffirmation agreement MUST filed with and be approved by the BK court, they're full of hogwash. If a formal reaff didn't go thru the BK court - well.. tough luck for them, they can't just make one up later !

Have you gotten in touch with your lawyer ?

 

[moes97]

no, my attorney will not return my calls. I have left him 8 messages and I really can't afford another lawyer. I don't know what I am going to do. Maybe I should contact the trustee of my bankruptcy.