Question Regarding Car Repossession

[Anonymous]

I filed for Chapter 7 in March 2019, Creditor's Meeting Scheduled for May 7th.

Backstory -  due to the bankruptcy my debt for my car will be wiped out. (Owe roughly 9k car BBs at 8k) I have enough exemptions to cover it with in the bankruptcy because I own nothing.

Bought the car in 2014 financed through Santander at the lot for some gawd awful rate, refinanced later that year with Cap 1 for better interest rate. 2 years later refi with Nationwide for a great rate. At the end of 2018 Nationwide sold the load to 1st Investment Group. Sometime after the refi with Cap 1 someone sent me the title to the car...my name only no lender, no lien...does state it is a dupilcate title. No one ever asked so I didn't send it anywhere but kept paying. After filing for BK 1st Investment Group has completely fallen off of my CR, loan shows paid off for Nationwide/Cap 1/Santander. Registration shows lien through Nationwide. I've attempted to make my normal payment to 1st Investment Group, they won't accept it online, tells me to call their customer service which kept me on hold for over an hour.

Here's my question - With having the title can they repo the car if I don't pay them? They can't come after me for the money bc of the BK - asked the lawyer first and he wasn't sure. 

[DaveInAZ]

When you state "Registration shows lien through Nationwide", is that your state's motor vehivle division? If so that is the "official record", not a duplicate title that was probably sent in error.

You're correct that they can't come after you for money, the debt is discharged in BK, but the finance documents very likely say that after 30 days late you are in default and they can repo. When you file BK lenders are very careful about taking payments because after filing BK any attempt they might make to try to collect on the debt is against the law, they can only accept payments you make voluntarily, so you're locked out of online payment system. You need to keep calling 1st Investment Group customer service until you get a live person who can take your banking info to withdraw the payment you are offering voluntarily.

But first you need to consider if you really want to keep paying on a car that your owe $9k on but is only worth $8k. That's not too badly under water and if it's in good shape and not too many miles it may be worth it to keep paying because any new car loan after your BK is discharge will have a very high interest rate. And also be aware that you can stop making payments at any time and all they can do is repo, which will take a few months. So perhaps pay on it for a year or so until you've rebuilt your credit where you can get a new car loan at a decent rate.

[Anonymous]

Thank you for the advice