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Affirmation Required?

Discuss the legalities of Bankruptcy Law

Affirmation Required?

Postby Biford » Wed Oct 01, 2014 1:19 am

Dear sirs

I filed BK7 & and never missed a payment on my car. I continued payments until I paid it off. Never missed a payment-except was late 1 time in 6 years. i paid the car off 6-2011 and have been fighting the credit companies and the car lender since. They reported the car as discharge in BK7 and no rating and very little else. I maintain I did not have to sign a affirmation and had the right to continue paying the debt off as stated in the original contract. Big question is: Does credit co & car lender have the right to mention the BK7 alongside(my credit report)this debt that was paid off 100% as per the contract??
Biford
 
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Affirmation Required?

Postby Claeg » Wed Oct 01, 2014 11:06 am

If you did not file a reaffirmation agreement for the car in your Chapter 7, then the debt was discharged in the Chapter 7 and is being reported correctly.  The fact that you paid off the car and obtained legal title does not alter the lender's obligation to correctly report that your vehicle loan was discharged in the bankruptcy.  I know that's not what you wanted to hear, but that's the plain truth.

Brian V. Lee, Esq.http://www.lee-legal.com

Virginia Bankruptcy Attorney
Claeg
 
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