Chapter 7 discharge

[ericsukkert]

What is the name of your state? GA
I have recently been discharged from my Chapter 7 bankruptcy. I have recently started getting calls from Title Max asking me to set up a payment plan to repay the loan. Title Max was included in my chapter 7. Are they allowed to continue calling me and demanding that I repay the loan? Isnt’ that what Chapter 7 takes care of?

 

[Who's Liable?]

Yes, if the creditor was included in the BK and discharged, it is ILLEGAL for them to try and collect from you. You have a legal right to sue them and collect monetary damages.
I would advise sending them a letter stating the above.

 

[bigun]

Is Title Max an auto lender? If so, and you still have the vechicle thay have the right to repo but, they can't ask for money.

 

[Ladynred]

Title Max isn't an auto lender, they are a title loan company ! Chances are when you took whatever loan out against your car title, they got a lien on the vehicle - and if you want that vehicle, you'll have to pay them. Check the title for liens, I'd bet there is one.

 

[ericsukkert]

Thank you all so far for your help in this matter.

As stated above, thats correct, Title Max is a loan company on the title of the automobile. Can they still reposses the vehical?

 

[Ladynred]

If they have a lien on the vehicle - yes, they can repo it.

 

[ericsukkert]

Ok, thanks for the information Ladynred.

But one last thing. If it was included in the chapter 7 and they can still repo the car, what ?is/was the point in including it in the C7?

 

[bigun]

The point is, you are not liable for any deficency balance.

 

[ericsukkert]

Not to start anything, but I am getting contradicting answers. LNR is saying, yes, they can re-po and Big is saying, no they can't.

Not trying to be difficult here but which is it?

 

[TigerD]

No contradiction.

They can take the car. But they cannot demand payment or come after you for any balance remaining after they sell it.


DC

 

[Ladynred]

What you need to do is call the DMV and found out if they did, in fact, place a lien on your car. I'm going to bet they did.

 

[bigun]

If there is a lein, they can repo. They have a right to thge collateral. They just can't pursue you for any money.