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Chapter 7 (No asset) Filed: 2 Aug 2019
341 MOC: 5 Sep 2019
Discharged scheduled: 4 Nov 2019
State: Nebraska
PenFed Credit Union Auto-loan: I want to keeep the vehicle if I can. I have continued to make all the payments on this loan without being late or missing any payments. Attorney has requested a reaffirmation agreement with PenFed 3 times and has not received calls back from messages they have left with PenFed Bankruptcy department. They have not asked for the vehicle back as of yet. Account still shows on the PenFed website when I login. All credit reports show that the account is being included in Chapter 7.
PenFed Credit Union Credit Card: Burning them for a large amount of $$$$ (my highest bankruptcy debt by far). When I login to PenFed website, this account is nowhere to be seen. All credit reports list the account as closed and included in bankruptcy (IIB).
PenFed has a "Cross-collateralization" clause in the auto loan that basically say that collateralfor one loan is also used as collateral for another loan. If a person has borrowed from the same bank a home loan secured by the house, a car loan secured by the car, and so on, these assets can be used ascross-collaterals for all the loans. So, in my case, the collateral is my vehicle.
What are my options? If PenFed continues to say/do nothing...do I just keep paying the loan? If I do that, will I receive the title when it's paid off? Or would PenFed hold the title until the $$$$ that was owed on the credit card is paid back (even if the credit card was included in bankruptcy)?
Very confused on what I need to do. If I need to give the vehicle back I will. If I can keep it I would prefer to do so. I don't want to keep it and pay for it in full and then not be able to receive the title for it.
Check out this thread. The last post was a PENFED employee until someone else comes along and can answer more about your concern. Good Luck!
https://ficoforums.myfico.com/t5/Bankruptcy/PenFed-Auto-and-Credit-Bankruptcy/td-p/5084162
Just wanted to post an update to anyone that ends up being the same boat regarding cross-collateralization and PenFed.
I received a reaffirmation agreement for the vehicle loan only (will not have to pay back PenFed Visa credit card) today. I am less than 2 weeks from my scheduled discharge and it took several phone calls/emails from both my attorney and myself to get it to this point. It's somewhat last minute with the discharge date rapidly approaching - but worth the effort in my situation as I really wanted to keep the vehicle (good APR% and some equity in the vehicle). Thanks.
Glad that worked out finally. Congrats!