Chapter 13 reporting of Car Loan

[Creditaddict]

Filed Chapter 13 April 2007.  I had recently bought a car with Roadloans a few months before going into the BK and I reaffirmed the car in the BK.  Fast Forward 3 years I dismissed my Ch 13 and during that time Roadloans transfered my auto to Santander, so I contacted Santander rigth before the BK was dismissed and asked about starting making monthly payments again... I was given 2 options by them... 1. write a check for balance which was over $12k on car now worth about 7k, BK had not been making full payments of what I was paying before going into the bk. option 2 we take it and you pay difference. So I went out and bought another car (shocked it got financed with Santander!) Week after Santander came and got the car that was in the bk originally.... it was sold and left me a $2900 unpaid debt. Now fast forward another 2 years and I have settled the old car loan with them and I have been trying to get my current car loan with them refinanced however after talking with my credit union after a decline and logging back into my fico report Santander reported the account 90+ days late and charged off from the time I went into BK and until I came out.... 37 90+ days late to be exact! Now while in BK all my accounts said "included in bk" and reported $0 balance.  I was under the impression that the car didn't have to report $0 because I was keeping it but they couldn't report it charged off and report late when it's in BK protection? Does this not apply to auto or home that you reaffirm??

Guy today at Santander who eventually hung up on me talking to me like the scum of the earth (note up until this call I actually liked Santander)

He says you kept the car and you didn't make payments and you know it and the lates are correct... I said once the BK was filed I was told I couldn't pay anything myself and I started makin gmy bk payments immediately, however I do know that the BK people (sorry not sure their title) but payments didn't start being made to my creditors until Nov. so 4-10-11-10 no one got payments but all accounts reported included in bk and $0 in April when it was filed.... he says they don't stop reporting or anything like that until they get a court # for my BK or whatever.  My thing is he says you didn't pay it's your fault.... I'm like it's BK I can't pay!!!!

I have tried googling, and my attorney is closed now.... but I need actual codes, laws or something what they can and cant report about a car during bk 13.

thanks

[missji]

You should really talk to an attorney. If the account was included in the bankruptcy then there should have been an automatic stay which prevented further collection activity. If you reaffirmed the debt, then you would have been required to make your full payment outside the plan. If not and it was included in your chapter 13 payment, they can't collect anything from you outside the amount that was being paid to them by the Chapter 13 Trustee. As far as how it should have been reported, I am no 100% sure but I believe reporting it as a delinquent or charged off account after your chapter 13 plan has ended can be considered further collection activity.

[Creditaddict]

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@missji wrote:
You should really talk to an attorney. If the account was included in the bankruptcy then there should have been an automatic stay which prevented further collection activity. If you reaffirmed the debt, then you would have been required to make your full payment outside the plan. If not and it was included in your chapter 13 payment, they can't collect anything from you outside the amount that was being paid to them by the Chapter 13 Trustee. As far as how it should have been reported, I am no 100% sure but I believe reporting it as a delinquent or charged off account after your chapter 13 plan has ended can be considered further collection activity.

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Yes, I have 2 calls into my lawyer but I didn't have much luck with them while they were getting paid by the Trustee so 3 years later I'm sure they will jump to help me!! lol

But I think you are pretty close, at least to what I was thinking also.