Question about 'surrendering' a car

[SkankCheese]

What is the name of your state? NC

Question that I'm freaking out about. I filed Chpt 7 pro se.
I originally intended to keep my car by keeping the payments current, (no reaffirmation was signed) however I decided that I couldn't afford it. With the advise of those on here I was under the impression that theyc ouldn't hold me legally responsible for monies due on it, and they could come pick it up with no more financial responsibility to me.
I got discharged on December 12th, with it being entered into the systems January 6th. They sent someone to get it last night, the 9th.
However, my friend (who has no legal background) is telling me that she just found out that will still classify it as a 'repo' and I could be responsible for the balance. Since I didn't set up a surrender appointment (or whatever) with the car company. And that I let them come get it without payment and they got it right after my discharge date that it's not considered a surrender. WTF? Can someone DEFINITELY give me some answers?
I thought the point of me NOT signing a reaffirmation agreement, and including it in my bankruptcy in the first place was to be able to have the debt dismissed.
Was it considered 'repoed'?
Please, please, please someone with absolute legal know-how tell me if I'm going to be looking at having to pay them anyway.

 

[justalayman]

From your post it sounds like you did not include it in your BK filings. If so it would not have been included in your BK discharge. If that was the case there was no need to file a reaffirmation agreement. You quit paying on it, the repo'd it. Did you expect something different?

I guess the thing here is: did you include the car in your BK filings and was that particular debt discharged?

Whoops, sorry I went back and re-read your post. I see that it was included in your BK.So was the debt discharged?

If so then yes it is technically a repo (reposessed) because that is what they did. If it was discharged through your BK then no you will not be reponsible the balance. They were just collecting their property.

 

[SkankCheese]

It was included in my bankruptcy petition. But under my statement of intentions, I said that I wanted to keep the property by keeping the payments current.
I assume that the debt was discharged, b/c I got no notification that it wasn't.. just the generic, all debts have been discharged schpeel.

No I 'didn't expect anything different' just the word 'repo' scared me. I thought they'd have to report it as included in bankruptcy... and that I'd not owe them anything more.

 

[justalayman]

Generally just because you don't owe anything does not mean you get to keep the item. Actually most secured debts do get repo'd. The debt you were absolved concerning the car would have been the difference between what the lein holder could get out of it and the amount you still owed per your agreement.

Time to look for a new car.

 

[SkankCheese]

Evidentally there was confusion as to what I was asking.
OBVIOUSLY I wasn't expecting a car, free and clear.

My concern was what I stated in my original post.....
That my friend told me that I could be held liable for the difference since it was considered repo'd and not surrendered. And how it would be reported to my credit... As repo'd or included in bankruptcy.
That's it.

 

[bigun]

Your friend is wrong. You have no liability for a deficiency balance unless, you signed a reaffirmation agreemnt AND the lender properly filed it with the court.
Don't know how it'll be reported.

 

[justalayman]

Evidentally there was confusion as to what I was asking.
OBVIOUSLY I wasn't expecting a car, free and clear.

My concern was what I stated in my original post.....
That my friend told me that I could be held liable for the difference since it was considered repo'd and not surrendered. And how it would be reported to my credit... As repo'd or included in bankruptcy.
That's it.

Didn't neccessarily mean to infer that although many people do believe that.

The car should be in with the BK. There generally is no reqirement as to when they pick up their car. They do it at their leisure and depending as to what was happening in the BK, it may or may not been considered theirs again until your discharge. Sometimes apparently the vehicle is never recovered by the leinholders choice.

 

[SkankCheese]

Much appreciated.

 

[Ladynred]

However, my friend (who has no legal background) is telling me that she just found out that will still classify it as a 'repo' and I could be responsible for the balance.

As Bigun stated your friend is wrong.

Since you didn't sign the reaff, you have ZERO liability, the debt is considered discharged and the creditor got their collateral back.

While technically it is a repo, they can NOT report it as such to the credit bureaus. NO negative reporting on a discharged debt is allowed, to do so would be a violation of the permanent injunction of your discharge. IF it shows up as a repo, dispute it !