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Chapt 7 and New Auto Loan

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Anonymous
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Chapt 7 and New Auto Loan

I just recently purchased a car (haven't made first payment yet).  Had to file for bankruptcy within the next week because of judgment.  Car was not included in my bankruptcy.  I have received a letter from the lender saying that account has been sent to bankruptcy department.  What should I do?  Will lender want the car back?  Should I call my attorney to ask her if I should reaffirm car loan?

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2 REPLIES 2
arbonnetraverse
Established Member

Re: Chapt 7 and New Auto Loan

When I filed, my attorney told me that the finance company I had the car with would send me a reaffirmation letter, which I could sign and return to them, and keep making the payments to keep the car, or, I could not sign the agreement, and they would come and repo the car.

 

You really should contact your lender for the car and just ask them if they will be sending you a reaffirmation agreement.

Message 2 of 3
chasmith
Valued Contributor

Re: Chapt 7 and New Auto Loan

Reaffirmations must be approved by the court, and must be completed before discharge.  Just and exchange of letters would be improper and probably a violation of the Bankruptcy Law.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
Current Score: 11/06/2013 EQ 708 11/06/2013 EX 702 11/16/2013 702 11/06/2013 TU 729
Goal Score: EQ 740 EX 740 TU 740
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