topic Re: question in Bankruptcy

question

Anonymous — Fri, 17 Jan 2014 00:32:16 GMT

When i filed bankruptcy in 2010 i was not behind on my car payment. although it is showing a 0 balance it is reporting "date of 1st major delinquency 10/2010. That's the same month they took the car. i even paid the nov. payment on it because my wife was on my checking account so they said it was her money too and she didn't file. also the car was in her name too. my question is should it be reporting a date of delinquency or not? Thanks in advance.

Re: question

Anonymous — Fri, 17 Jan 2014 00:35:38 GMT

Does that date coincide with the BK filing date?

Re: question

Anonymous — Fri, 17 Jan 2014 00:37:21 GMT

It coincides with the discharge date. they never stopped taking the payments when i filed in july of that year.

Re: question

Anonymous — Fri, 17 Jan 2014 00:48:39 GMT

I can move this to the BK board if you want.

I know some about the ins and outs of filing, reporting etc but, I don't want to steer you in the wrong direction.

Re: question

Anonymous — Fri, 17 Jan 2014 01:00:47 GMT

Ok. Whatever you think is best. thanks

Re: question

ezdriver — Fri, 17 Jan 2014 01:29:13 GMT

@Anonymous wrote:
When i filed bankruptcy in 2010 i was not behind on my car payment. although it is showing a 0 balance it is reporting "date of 1st major delinquency 10/2010. That's the same month they took the car. i even paid the nov. payment on it because my wife was on my checking account so they said it was her money too and she didn't file. also the car was in her name too. my question is should it be reporting a date of delinquency or not? Thanks in advance.

From your post, my assumption is that the auto loan was included in the bankruptcy and therefore discharged along with you other debt. If that is true, the the debt should be reported as IIB with a zero balance.

Was the auto loan in both your names? If yes, they can pursue payments from her.

How was that November payment made? Did you write a check?

I don't understand why they would have repossessed the car if your waife was a co-borrower and she did not file for bankruptcy.

Some critical pieces of information are missing. If you can fill in the gaps, you will receive better feedback and recommendations.

Re: question

Anonymous — Fri, 17 Jan 2014 01:52:21 GMT

Yes the car was in both our names as was the checking account. my wife doesn't work so we had it report on her credit to give her some good trade lines. My paycheck went direct deposit so they had access to the money beforw i did and since my wifes name was on the account they took the payment in her name. if that makes any sense.

Re: question

ezdriver — Fri, 17 Jan 2014 02:09:48 GMT

@Anonymous wrote:
Yes the car was in both our names as was the checking account. my wife doesn't work so we had it report on her credit to give her some good trade lines. My paycheck went direct deposit so they had access to the money beforw i did and since my wifes name was on the account they took the payment in her name. if that makes any sense.

What do you mean by "they took the payment in her name"? Did your write write a check? Were you making payments through direct debit from your checking account?

Its pretty moot really as that money was legitimately paid by a coborrower.

Re: question

Anonymous — Fri, 17 Jan 2014 02:43:46 GMT

Yes it was paid by auto payment. that's not my question. the account in my CR is saying date of first delinquency was the same momth my bankruptcy was discharged. how do i have a major delinquency??

Re: question

ezdriver — Sat, 18 Jan 2014 00:55:01 GMT

Only the auto loan company can answer your question. Since you bailed out on the loan, they may be considering that a delinquency. The actual date used cannote be explained here. Maybe they considered the Oct payment having been made by your wife and not you. Yes its funky.