Voluntary surrender question

ddamage · ‎09-09-2024

Guys Im revisitng this topic again and hoping someone has an answer. So in 2022 I filed Ch 7 but purchased my car prior to discharge date and judge did NOT reaffirm the car note with Santander. Well 2 years later Im going through a hardship and asked for a voluntary surrender. Back in 2022 my lawyer said if I ever got to this point it wouldnt affect me that they would just come pick it up. Santander has never ever ever reported this car to the 3 credit bureaus these past 2 yrs but getting off the phone with them they said they will report it and i will owe the difference after auction. Looking at youtube videos and google it says if I didnt reaffirm the loan it shouldnt hurt me as well. Do any of you know for sure if this is true? Thanks in advance.

pizzadude · ‎09-09-2024

If the car loan was included in your BK and wasn't reaffirmed then you are not responsible for paying for it. Obviously Santander was free to keep taking your monthly payments after BK but your auto loan was discharged so they shouldn't be able to pursue you for it.

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX

ddamage · ‎09-09-2024

Yes I never missed a payment until this month. What scares me is I cant find my paperwork to be 100% sure it was included but I will try and call my lawyer but I just recall they didnt reaffirm and it wasnt reported. I know when I first inquired about the surrender I had to speak to santanders bankrupcty dept so I think Im ok. Maybe Santander just has to say the things they told me as part of the procedure. Im a 100% disabled vet and get nervous. Thank you again.

sccredit · ‎09-10-2024

If you purchased the car after filing you may be SOL. Definitely reach out to your attorney and find your BK paperwork. You can also look your case up on PACER.

ddamage · ‎09-10-2024

@sccredit wrote:
If you purchased the car after filing you may be SOL. Definitely reach out to your attorney and find your BK paperwork. You can also look your case up on PACER.

Thank you for the response. I did reach out to my lawyer and the car was included in the CH 7 and wasnt reaffirmed thank goodness.