Capital One Auto During Chapter 7

[Anonymous]

Okay folks, long time lurker here. I've scoured the forums the last few weeks and can't find an answer and to be honest, my attorney hasn't been very helpful.

I file chapter 7 on 10-23. I have an auto loan with Capital One currently in which I owe less than what my car is worth BUT, I am still 3 payments behind(due to losing my job. I have aquired another job and can make monthly payments on time now). When I first filed, I told my attorney that I cannot afford to be without a vehicle during or after bankruptcy and I plan on getting current before my 341 meeting on Nov. 20th. He still advised to give it back and "find someway to get to work", which rubbed me the wrong way.

I drive quite a bit for work so I need something reliable. My current vehicle is reliable, I'm just behind. What do I do? Should I reach out to CapOne and tell them the situation? I haven't received any reaffirmation agreement(I don't think I would since I am still behind?)

Please, be nice. I am literally at my wits end right now and feel like this is all a bigger mess than it should've been. 

[FireMedic1]

Say what? You already filed. Correct? That wasnt up to him. But if you didnt reaffirm you can keep the car and keep making payments and it will still report. He's not a repo man. Not right at all. But let Cap1 know whats up. Jerk.

[Anonymous]

Yes filed 10/23. I'm not sure if paperwork was sent in to reaffirm or not! I've been working through his legal assistants. I sometimes wonder how much they know. Nothing has been said about a reaffirmation to me!

I guess I will reach out to Cap One and see what they say.

[Anonymous]

*UPDATE* Just spoke with a guy with a very strong Indian accent at Cap One(Actually a company throught Cap One called AIS? I guess they are in charge of my loan during bankruptcy?) and I don't feel like I got an answer. So I asked about my behind payments and continuing to pay on my car loan. He just kept saying "Yes, you can pay any amount on your car loan. Don't worry you can keep your car loan."

I feel even more confused now. 😕

[Ndbrownd5]

Hey there. My bankruptcy was just discharged 10/31 and I had an auto loan from Cap1. Yes AIS will now service your account. I went through the same thing and asked for a reaffirmation agreement, they said they sent it out to my lawyer which was me lol. Fast forward a payment later I called again and was finally told that Cap1 wouldn't do a reaffirmation agreement. Pretty much was told I could keep paying and hope they won't do a repossession. I decided to stop paying and just went out and bought a cheap 1500$ car to get myself back and forth to work. I wasn't going to keep spending money to have them take the vehicle whenever they want. My suggestion would keep bothering them until they can confirm that Cap1 will do a reaffirmation. My truck is still sitting in my driveway and it hasn't moved since Mid august

[Ndbrownd5]

Also if you haven't done it yet. Sign up for a Pacer account and check there regularly for updates on your case

---

@Ndbrownd5 wrote:

Hey there. My bankruptcy was just discharged 10/31 and I had an auto loan from Cap1. Yes AIS will now service your account. I went through the same thing and asked for a reaffirmation agreement, they said they sent it out to my lawyer which was me lol. Fast forward a payment later I called again and was finally told that Cap1 wouldn't do a reaffirmation agreement. Pretty much was told I could keep paying and hope they won't do a repossession. I decided to stop paying and just went out and bought a cheap 1500$ car to get myself back and forth to work. I wasn't going to keep spending money to have them take the vehicle whenever they want. My suggestion would keep bothering them until they can confirm that Cap1 will do a reaffirmation. My truck is still sitting in my driveway and it hasn't moved since Mid august

---

[Anonymous]

---

@Ndbrownd5 wrote:

Hey there. My bankruptcy was just discharged 10/31 and I had an auto loan from Cap1. Yes AIS will now service your account. I went through the same thing and asked for a reaffirmation agreement, they said they sent it out to my lawyer which was me lol. Fast forward a payment later I called again and was finally told that Cap1 wouldn't do a reaffirmation agreement. Pretty much was told I could keep paying and hope they won't do a repossession. I decided to stop paying and just went out and bought a cheap 1500$ car to get myself back and forth to work. I wasn't going to keep spending money to have them take the vehicle whenever they want. My suggestion would keep bothering them until they can confirm that Cap1 will do a reaffirmation. My truck is still sitting in my driveway and it hasn't moved since Mid august

---

Wow! Since August?! That's crazy! My thought was IF I did reaffirm or was able to keep paying, I could be in a better position financially towards spring to possibly get something else. 

Yeah, I wasn't too impressed with their answer, but I understand they probably can't say too much since it could be taken to court. Still though, why is it my attorney and Cap One can't give me a straight forward answer?! Maybe I will get better clarification after my 341 meeting too. 

[Anonymous]

---

@Ndbrownd5 wrote:

Also if you haven't done it yet. Sign up for a Pacer account and check there regularly for updates on your case

---

@Ndbrownd5 wrote:

Hey there. My bankruptcy was just discharged 10/31 and I had an auto loan from Cap1. Yes AIS will now service your account. I went through the same thing and asked for a reaffirmation agreement, they said they sent it out to my lawyer which was me lol. Fast forward a payment later I called again and was finally told that Cap1 wouldn't do a reaffirmation agreement. Pretty much was told I could keep paying and hope they won't do a repossession. I decided to stop paying and just went out and bought a cheap 1500$ car to get myself back and forth to work. I wasn't going to keep spending money to have them take the vehicle whenever they want. My suggestion would keep bothering them until they can confirm that Cap1 will do a reaffirmation. My truck is still sitting in my driveway and it hasn't moved since Mid august

---

---

Thank you for the advice! I did sign up already and have been watching. The only new information I have saw was a letter to the court from Cap

---

@Ndbrownd5 wrote:

Also if you haven't done it yet. Sign up for a Pacer account and check there regularly for updates on your case

---

@Ndbrownd5 wrote:

Hey there. My bankruptcy was just discharged 10/31 and I had an auto loan from Cap1. Yes AIS will now service your account. I went through the same thing and asked for a reaffirmation agreement, they said they sent it out to my lawyer which was me lol. Fast forward a payment later I called again and was finally told that Cap1 wouldn't do a reaffirmation agreement. Pretty much was told I could keep paying and hope they won't do a repossession. I decided to stop paying and just went out and bought a cheap 1500$ car to get myself back and forth to work. I wasn't going to keep spending money to have them take the vehicle whenever they want. My suggestion would keep bothering them until they can confirm that Cap1 will do a reaffirmation. My truck is still sitting in my driveway and it hasn't moved since Mid august

---

---

One asking them to send all correspondence to AIS.

[Kimskupcakes]

So from what I've seen in other groups they say not to reaffirm the loan.  Keep paying your car note and they will let you keep the car.  They will not pick it up until you miss a payment.  I'm actually still laying in one of my cars bc my daughter drives it.  I did not reaffirm and well we will see what happens.  I just had my 341 meeting  today.  Fingers crossed!  But if you are behind they can come get car after your 341 meeting.

[Anonymous]

Thank you for the advice! I appreciate it!