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Non-Reaffirmed Car Loans and Possible Repossession before Discharge

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Pharoe33
Regular Contributor

Non-Reaffirmed Car Loans and Possible Repossession before Discharge

Hello, I recently filed chapter 7 on April 5th, had my 341 meeting May 10th and now waiting for discharge.

 

I have two vechicle loans that I will not reaffirm, one is through NFCU and the other is through Santandar.

I've heard nothing from either lender during this process besides them sending my attorney reaffirmation documents in which I will not sign.

I'm extremely nervous that they'll come for the cars at any given moment being I'm not reaffirming and paying the monthly note for either.

Santandar has removed their account from all three of my credit reports and NFCU has marked the account as zero balance IIB.

 

My question is, can they possibly come for the cars prior to discharge? I've read that Santander usually comes a month after discharge but no information on NFCU. My goal is to get prequalified through Capitol one for an auto loan a month or so post discharge.

3 REPLIES 3
onstar
Established Contributor

Re: Non-Reaffirmed Car Loans and Possible Repossession before Discharge

Not sure how much this helps but ...

I had my car with GM Financial. It took them 6 weeks after the discharge to call me to tell me that they will be coming to pick up the car. And then they came the next day.
BK DC 4/9/2018
FICO 08 (4/9/2018): EQ 647 EX 609 TU 620
FICO 08 (10/16/2020): EQ 676 EX 659 TU 653
Message 2 of 4
Anonymous
Not applicable

Re: Non-Reaffirmed Car Loans and Possible Repossession before Discharge

Neither lender can reposess a car while the automatic stay is in effect, unless they make a special motion for permission to do so. That is unlikely to happen.

 

Both lenders have a bankrupty department. Why not call them and discuss your plan with them? You're not reaffirming. Are you going to keep the loans current or are you abandoning the vehicles?

Message 3 of 4
sccredit
Valued Contributor

Re: Non-Reaffirmed Car Loans and Possible Repossession before Discharge

With NFCU if you are not raffirming or making payments they will reposess the vehicle shortly after discharge.  My discharge was 3/12/18 and they picked up the vehicle about 10 days later

Message 4 of 4
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