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Hi all,
I have what in my opinion may be an odd situation with an auto loan that was charged off. I recently filed Chapter 7 bankruptcy and I’m curious if the lender will come for the car. In January of 2021 it was written off as a Profit Loss Write off, per my credit report. I hadn’t made a payment since late 2019. At the time i owed about $20,000. The vehicle never reported as out for repo and I’m currently in possession of it. I never received a collections call or letter from an agency. I haven’t received a 1099 yet, but included the vehicle in my BK. Would my BK discharge the 1099? Would i be able to get the title from the lender if it was or would they withhold it from me? Why wouldn’t the lender come get the car? Is it possible for a lender to the reverse a 1099 write off?
@Anonymous wrote:Hi all,
I have what in my opinion may be an odd situation with an auto loan that was charged off. I recently filed Chapter 7 bankruptcy and I’m curious if the lender will come for the car. In January of 2021 it was written off as a Profit Loss Write off, per my credit report. I hadn’t made a payment since late 2019. At the time i owed about $20,000. The vehicle never reported as out for repo and I’m currently in possession of it. I never received a collections call or letter from an agency. I haven’t received a 1099 yet, but included the vehicle in my BK. Would my BK discharge the 1099? Would i be able to get the title from the lender if it was or would they withhold it from me? Why wouldn’t the lender come get the car? Is it possible for a lender to the reverse a 1099 write off?
How much is the vehicle worth today? If it's worth anything after towing/impound/auction fees, they will eventually come in the middle of the night or while you're at work and take it from you. With a $20k loan in 2019, I assume the car has to be worth enough to repo. Don't leave anything inside of the car.
Anything that happened with the auto loan before BK as in CO. The balance should have been DC'ed and the car repo'ed. `Weird you still have it. Are you making any payments as of now?