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How long after a Chapter 7 discharge does a creditor have to take back a car that you did not reaffirm?


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2008-12-05 23:15:28
2008-12-05 23:15:28

There's no rule. It may not be worth it for the lender to repo or take the vehicle. To be safe, you may want to send the lender a letter, certified return receipt, giving a time, date and place to pick the vehicle up. If the lender does not, be sure to keep the letter and green card to prove the lender abandoned it. Then you will want to get the title. You may have to sue the lender for it.

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If you don't reaffirm the debt, then the creditor has the right to repossess the car and sell it at auction to recover the debt owed to them, irregardless of what equity that you've paid. If you wished to keep the car, then you should have demanded that your attorney reaffirm the debt with that particular creditor.

In most Chapter 7 cases you are not including secured property unless you are surrendering the property back to the creditor. If you are holding on to secured property during a chapter 7 process the property must be reaffirmed with the creditor at time of filing meaning you have an agreement with the creditor to leave the property out of the bankruptcy and continue to make your payments. When you discharge debt through chapter 7 it doesn't make sense that you could keep a secured piece of property and not pay for it. Maybe you were unclear about what you were really doing.

They can "demand" but they cannot force you to return furniture. However, if a creditor has a security interest in the furniture, then can foreclose (i.e. take back) the furniture if you fail to make payments.

If the lender is willing to reaffirm the loan with the borrower then the vehicle can be returned. A vehicle is a secured debt and is not subject to chapter 7 bankruptcy laws.

If the debt was truly unsecured and you properly listed the debt in the bankruptcy, then the debt has been discharge. If the creditor persists in violating the discharge order, the creditor could be held on contempt of court and held liable for fines and attorney's fees.

Thats an excellant question to ask your B/K attorney. maybe if you REAFFIRM the debt, you can get it back. MERRY CHRISTMAS

Usually, you get to keep at least one car in a bankruptcy, and in fact it's rare the bankruptcy will ask you to sell any car, unless it's clearly a luxury vehicle not required for work. So your Mustang is safe but your Rolls Royce might be in danger. If you owe money on the car, you can reaffirm the debt, and thus keep the car and the original payment plan. Alternately, it's up to the creditor -- they can repossess immediately if you don't reaffirm.

It really depends on the type of bankruptcy petition you file. If you file for Chapter 7 bankruptcy the creditor who put the lien on your car may be able to take your vehicle. If you file for Chapter 13 bankruptcy you'll have the opportunity to make payment arrangements with your creditor and in that case you should get the title back after all of your payments are made and your amended. contract with the creditor has been fulfilled.

That means that the Chapter 13 plan was never completed. The court dismissed it and it was not refiled. It allows the creditors to come back and collect the debt. The completion of the Chapter 13 would be shown as a discharge.

Secured creditors [a car would be a secured loan item, since you get the loan based on the worth of the car] may retain some rights to seize property securing an underlying debt even after a discharge is granted. Depending on individual circumstances, if a debtor wishes to keep certain secured property (such as an automobile), he or she may decide to "reaffirm" the debt. A reaffirmation is an agreement between the debtor and the creditor that the debtor will remain liable and will pay all or a portion of the money owed, even though the debt would otherwise be discharged in the bankruptcy. In return, the creditor promises that it will not repossess or take back the automobile or other property so long as the debtor continues to pay the debt.

Discharging debts depends upon the petition of bankruptcy and the chapter under which the bankruptcy has been filed. For the debt to be discharged it needs to fully settled after which you may be able to free from the burden. The bankruptcy attorney will guide you about the debts and after analyzing the situation will choose the chapter of bankruptcy under the United States Section.Debts discharge will only takes place if you file in chapter 13, where you plan a schedule to repay every debt you have on your name. On the Other hand, Chapter 7 has many exceptions like student loan, alimony, child support, fines and fees under law, debts acquired through fraud, un paid taxes or if you have received a debt discharge within last 9 years.The debts which can be discharged:Unsecured loans are usually discharged.Debts of willful and malicious injuryNon-dischargeable tax obligations.Debts from property settlement in an event of separation.Those who think that their personal debt liability will get the discharge under chapter 7 should consult their attorney to find out how and when all the debts will be discharged. In case you cannot pay back the loan due to undue circumstances you can file under 'undue hardships' and you may get a discharge. Though it is the sole discretion of the court to discharge the debt or not.Also, those debts which you have acquired using means of fraud are not easily discharged from the court if you filed chapter 7 of bankruptcy. Under chapter 13, you have to clear all the funds, and then you will get the discharge. The process of discharge or the decision over discharged debts can be invalidated if the creditor, or trustee of the court sees any wrongful document or fraud with the bank, the discharge may even be cancelled.Personal debt liability is cleared off in bankruptcy in all the chapters of bankruptcy, only the way is different. Chapter 7 liquidates and the court pays to the creditors while in chapter 13, and 1, you won't get the discharge till you pay and settle with the creditor. Any loan or debt which is not mentioned in the bankruptcy petition will not be discharged by the court. All your credit cards and liens are eliminated if you are filing under a specified chapter.

If you mean the c. 7 was dismissed before you got your discharge, you may not have to reaffirm. Everything goes back the way it was before you filed. If you mean you have not received reaffirmation documents from your lawyer or the mortgage company and you have received your discharge, the discharge only applies to the unsecured debts, not the mortgage, and if you signed the "Statement of Intentions" which said you were reaffirming the mortgage, don't worry. You did what you needed to do. It is up to the mortgage company to get you the paperwork, especially if you did not have a lawyer. They may not bother as long as you are making the payments on time. They may be waiting for you to make a late payment or miss a payment, at which point the lack of a reaffirmation agreement may come back to haunt you. This issue depends on your state law regarding the effect of bankruptcies where mortgage contracts provide for automatically bringing the whole balance due forward. Many states prohibit foreclosures in those circumstances, but not all. Talk to a bankruptcy lawyer in your state.

Neither Chapter 7 nor Chapter 13 necessarily includes or doesn't include your mortgage. You can file a Chapter 7 and surrender your house and discharge your mortgage or you can reaffirm the mortgage and keep the house (depending on the circumstances). Similarly, you can file a Chapter 13 and surrender your house and discharge your mortgage or you can retain the mortgage payments and keep the house. The reason Chapter 7 is on your report longer is because it is (theoretically) worse because you are discharging 100% of your debts (other than those which are non-dischargeable, like student loans, and other than those you reaffirm), whereas in Chapter 13 you make payments for 3 to 5 years and at least pay a percentage of all of your debts back. So, in order to throw you a bone to pay some of your debts back, public policy dictates that Chapter 13 debtors should be rewarded by having their bankruptcy removed from their credit report 3 years sooner. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Visit for more information about bankruptcy.

There is no reason to repay a loan after a discharged bankruptcy, if you have done so, you can reclaim all your money from the creditor (you'll have to go through court).

You can file under those circumstances. The problem is that the creditor can bring a motion objecting to the discharge of this particular debt based on fraud. Basically the motion would say that you didn't intend to make the payment and that the debt should not be discharged. Whether such a motion is brought probably depends on how much the debt in question is. Once a motion is brought, it is up to the judge to decide whether he thinks you committed fraud. If he agrees with the creditor, then he will grant the motion and the debt in question survives any subsequent discharge you may receive. The creditor has a deadline of when they can file such a motion (this date is listed on your bankruptcy notice). If a motion, is filed after this date (typically about three months after your filing) it is no good and the debt would be discharged. It is possible to negotiate with a creditor who brings such a motion to basically pay back the a percentage of the debt over some period of time. If the bankruptcy trustee thinks you committed bankruptcy fraud then he will bring a motion to dismiss your whole case for bankruptcy fraud.

Debts which are retained in a Chapter 7 case are normally retained in one of two ways: (1) the debtor simply keeps paying the debt, keeps the collateral (such as a house or a car) and the creditor keeps accepting the money without any additional documents being signed by the debtor or creditor, or (2) the debtor formally "reaffirms" the debt by signing a "reaffirmation agreement," also signed by the creditor, which is filed with the Court. A reaffirmation agreement puts the debtor back on the hook for the debt since it waives the debtor's discharge on the debt. Debts which are reaffirmed during a Chapter 7 case can be "rescinded" (i.e. canceled) by the debtor providing notice to the creditor that they are rescinding the reaffirmation agreement PRIOR TO to the Discharge date or within 60 days after the reaffirmation agreement is filed with the Court, whichever is later. It is best to ensure that the notice to the creditor is in writing, and is preferably sent to the creditor by certified mail, return receipt requested, so the debtor can prove that the creditor received notice of the cancelation prior to the deadline. If one keeps a house or other debt in bankruptcy and then decides they don't want it, if the debt was not reaffirmed then the person can probably give the collateral back to the bank and walk away (see your lawyer). If one formally reaffirmed the debt, then one can normally rescind the agreement if the Discharge has not yet been granted or if it has not been 60 days from when the reaffirmation agreement was filed with the Court (again, see your lawyer). But, if the debt was formally reaffirmed and the deadline to rescind has expired, then the debtor will no longer be protected by the bankruptcy and will therefore probably still be liable on the debt (see your lawyer). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

This makes no sense, unless you already paid the debt. Even if you filed bankruptcy and got a discharge, or the statute of limitataions has run, you, the debtor, can always voluntarily make a payment.

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If the creditor will not take it back in lieu of the money owed then you need to sale the bike and pay them their money. Unless the dealer is willing to buy the motorcycle you will still owe the money. Not every creditor will do a voluntary repossession.

Yes you can convert from a 13 to a 7. The time between a 7 and a 13 is 4 years from date of filings. You can try to file a 13 soon after a 13 discharge, but unless you are able to keep making mortgage payments AND pay back all mortgage arrears within 5 years, you will not be able to save the home, and a creditor would be able to get relief of stay and copntinue any foreclosure process.

In short, No.A "cram down" is special provision found in the US Bankruptcy code §1325(a)(5)(B)(ii) to modify a secured loan in a Chapter 13 plan even over the creditor's objection. Since there is no pay back plan in a Chapter 7 there is no way to "cram down" a loan with a chapter 7 bankruptcy. However, not all is lost.A chapter 7 wipes out all contracts but it does not wipe out security interests. What this means is that when you have a car loan and you file a chapter 7 you no longer owe any money to the creditor but the creditor still has the right to repossess the vehicle.If you'd like to keep the vehicle then you'll have to enter into a new contract with the creditor. This is called a "reaffirmation agreement" because you are reaffirming the debt. It is possible that the creditor could offer you a better rate or a lower principal than you had before based on the value of the vehicle. However, usually they offer the same terms that you had before. You can always negotiate for better terms but the creditor does not have to agree.If you do not sign a reaffirmation agreement within 45 days of the 341 meeting (the 341 meeting usually takes place a month after filing) then the "automatic stay" is terminated and the creditor may repossess the vehicle.Another trick is to file a chapter 7, which will buy you some time and then convert to a chapter 13 to cramdown the loan. But the cramdown only works if the note matures within the life of the bankruptcy. So if you have a 6 year note then the cramdown would not be available to you.Goodluck.

You should file a claim in his/her Chapter 13 case; you may or may not get your money back. If you don't file a claim, you're out of luck; he/she is protected by the automatic stay while in Chapter 13, and by the discharge afterwards. (If you think it's fraud, consult an attorney.)

You may have the option of converting to a 7. Although the court could decide you are capable of paying back your debt via 13. You are in a better position of keeping a car and home in 13 than 7. Unless you cannot reaffirm the loans, and the lender is calling in the property. They would still have that option in a 7 also. You can file a Chapter 7 (or another 13) after 70% of the plan payments are completed.

The creditor is the lender. The bankrupt is the debtor. The lender never has to re-affirm he wants to get paid back.

The simple answer is no. If you are current on your car note, then this is not the issue that lead to the bankruptcy. That you are paying it current may have contributed to your financial situation, but on the surface it is not a reason to surrender the vehicle. Either do not list it or reaffirm it with the lender.

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