Creditor Contacting Me After Chap. 7

[bk05]

I filed for chptr 7 and listed my vehicle to be part of my bk. The bank which held my loan at the time was aware because they sent me notices asking if I was interested in keeping the vehicle, if so please sign this form and send back. I never signed the form because I didn't want to keep the vehicle. The bank ended up picking up the vehicle and today, I received a letter in the mail from the bank saying the car was sold for a certain price and that I am liable to pay the remaining balance. I received my discharge letter saying that I was discharged of all my debts. Should I call the bank and tell them I'm no longer responsible for that vehicle?

 

[Ladynred]

The bank should also have been notified of your discharge. They can NOT try to collect anything from you as long as you didn't reaffirm, which you obviously did not do. They are violating the law if they continue to attempt to collect.

I suggest you write them a letter, include a copy of your discharge papers and tell them never to contact you about it again or you'll haul them into bankruptcy court to face contempt charges.

Chances are its the left hand doesn't know what the right hand is doing scenario, so try calling them first, then send the letter.

 

[bk05]

Will Do

Perfect, I will call them tomorrow. Thank you so much.

 

[bk05]

Sent letter in error.

I ended up calling them and they told me they sent the letter in error. I wonder how many people don't question that initial letter and pay??

 

[Who's Liable?]

I'm sure it is a LOT... peopple are ignorant and don' take the time to know their legal rights...

 

[blackpearls619]

Vehicle Affirmation-GA

Can you decided to have your vehicle discharged, after you have reaffirmed the debt?

 

[bigun]

If you signed a reaffirmation agreement, and have the car repoed the lender can hold you responsible for any deficiency balance.

 

[Who's Liable?]

Can you decided to have your vehicle discharged, after you have reaffirmed the debt?

no... should've really thought about it before you decided to reaffirm the loan...

As stated, if you fail to make payments, the lending party CAN and will pursue you to make the payments... IF that means repoing and getting judgements against you, than so be it...

You have no one to blame but yourself...