Reaffirmation?

[LacyLiz]

I filed Bankruptcy in June 2004.  I held onto my vehicle with the advice from the atty that I didn't have to sign the Reaffirmation Agreement; that I could continue making payments without a problem and it would not be included in the bankruptcy.  I have since paid off the car loan (with GMAC) and paid it off early too.  The problem is that GMAC is listing it as included in the bankruptcy and have listed it as a derogatory acct.  I've called them and they say they can't remove it.  What can I do?  I am really fighting for every point since a lot of my credit history is joint with my ex and he's killing me!

[Anonymous]

---

LacyLiz wrote:

I filed Bankruptcy in June 2004.  I held onto my vehicle with the advice from the atty that I didn't have to sign the Reaffirmation Agreement; that I could continue making payments without a problem and it would not be included in the bankruptcy.  I have since paid off the car loan (with GMAC) and paid it off early too.  The   problem is that GMAC is listing it as included in the bankruptcy and have listed it as a derogatory acct.  I've called them and they say they can't remove it.  What can I do?  I am really fighting for every point since a lot of my credit history is joint with my ex and he's killing me!

---

Was it included on your original BK filing?  Sorry to say that if so and no reaffirmation was filed, it was technically included in the BK. I am surprised an amazed that your attorney did not advise you of this.

[Anonymous]

---

LacyLiz wrote:

I filed Bankruptcy in June 2004.  I held onto my vehicle with the advice from the atty that I didn't have to sign the Reaffirmation Agreement; that I could continue making payments without a problem and it would not be included in the bankruptcy.  I have since paid off the car loan (with GMAC) and paid it off early too.  The problem is that GMAC is listing it as included in the bankruptcy and have listed it as a derogatory acct.  I've called them and they say they can't remove it.  What can I do?  I am really fighting for every point since a lot of my credit history is joint with my ex and he's killing me!

---

Is the "date last active" the same as for the other accounts in your BK?  If so, it's probably not really hurting you all that much.

[LacyLiz]

Thanks for responding.  It is listed under "Property to be Retained"/ "Debt will be reaffirmed pursuant to 11 USC".  It is also listed under "Creditors holding secured claims".  I've contacted the lawyer and he's advised that i continue to call GMAC until they change the status, but also adds that GMAC is very tough, and if that doesn't work then to dispute it online through the 3 credit reporting agencies.

[LacyLiz]

It seems that the accounts included in the BK are all different, one says 12/2002, another 11/2003 and so forth.  GMAC date of last activity is 8/2005

[Anonymous]

---

LacyLiz wrote:

Thanks for responding.  It is listed under "Property to be Retained"/ "Debt will be reaffirmed pursuant to 11 USC".  It is also listed under "Creditors holding secured claims".  I've contacted the lawyer and he's advised that i continue to call GMAC until they change the status, but also adds that GMAC is very tough, and if that doesn't work then to dispute it online through the 3 credit reporting agencies.

---

And if that doesn't work file a consumer complaint at www.ftc.gov.  The threat of it is sometimes enough.

[Anonymous]

Consumer division of some state AG offices can be very pro-active on these sorts of consumer issues.