Auto Loan and my Bankruptcy

[JustStevenVA]

Filed Chapter 7 in 2010 did not reaffirm my loan but continued to make payments on the car.  Bankruptcy has been discharged but the auto loan shows as being included in my bankruptcy.

My question is I can't get loan refinanced with another bank because there is no payment history on my credit report so I'm basically paying and not get'n thing out of it other than the car.  Should I turn the car in (which bank said they would post as a repo??) or what should I do?

[starry1]

If you did not reaffirm the loan they cannot report it as a repo, its against the permanent stay and you can haul them into court for that. Will probably get some cash out of it too. They can't come after you for any remaining balance either. As far as getting a new car, what are your scores like? It seems unlikely you wouldn't be able to finance a new car, even without the last car reporting.

[JustStevenVA]

They keep telling me that they would change it to being repo which I can't understand how they would be able to do.  I know they can't come after me for the remaining amount which is why I'm really thinking about turning it, credit score isn't that great at all and I've been preapproved via Capital One Auto but rate is a bit high so just looking for more info before I pull the trigger on any of this.

[starry1]

They are either ignorant or just trying scare tactics so they don't have to take the car back. It doesnt matter either way, if they try anything then take them to court and get yourself some cash out of it. If you're really worried about it, double check with your bk attorney first, he shouldn't charge anything for a quick question like that.

[JustStevenVA]

Waiting for the phone call back from him tomorrow or I'll call him back.

[shols44]

How much do you owe on the car? Are upsode down? If you're not upside down and really want a new car, trade/sell. On the flip side, you can dispute the accuracy of the tradeline with the CRAs. This would essentially force them to report your payment history and balance amout up to that point in time. However, it will not update and you have to dispute again to get new data reported. 

Let us now your full picture and we'll be glad to help.