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View Full Version : Car loan reaffirmation during bankruptcy question



trlcavscout
06-26-2015, 22:09
I have a question for dealer guys and any attorney's present. A couple years ago we had to do a chapter 7 over medical bills, I remember having to do a reaffirmation on my pickup loan (or so I remember) or they said they would take it. I have been making the payments on time ever since but they are not reporting my history to the credit bureau's, I talked to a dealer today about trading the truck in and the discussion came up of why they are not reporting. The finance person told me (and my google search) that if I reaffirmed the debt at the time they should be reporting it? Now this came up last year when we bought my wife a car also, I talked to the credit union that holds my loan and even challenged it through the credit bureaus and I just received a nice letter explaining that they reported it correctly, but it shows as discharged in bankruptcy on my report. So my question is are they supposed to report after a bankruptcy if I did reaffirm it?

here is the strange twist, at some point around that time period the credit union started using someone else for debt handling, and even though I had been making my payments, one day (about 5 months after the BK was discharged) a "case manager" called and asked what my plans were, he wanted to know if I planned to keep it and continue paying on it.

Rooskibar03
06-26-2015, 22:20
Does the line of credit still appear on your bureau? Generally I see the loan included and it will note "included in BK" but the payments will still show as being made on the monthly payments section (somewhat hard to explain without seeing it.

The he challenge is even if you've been making payments it doesn't really help with acquiring a new loan. Not many lenders want to be the first to help you reesrablish new history. Hopefully you're bringing cash to the table or buying a car in a good equity position to give the lenders a reason to consider you.

Good luck with your purchase.

trlcavscout
06-26-2015, 22:46
It shows, closed $0 balance and no history after July of 2013. And in the notes transunion shows chapter 7, equifax shows discharged in chapter 7 in the notes.

ChunkyMonkey
06-28-2015, 15:16
Your bankruptcy lawyer didn't follow up after the discharge. It's very common.


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spqrzilla
06-29-2015, 14:22
The reaffirmation agreement must be signed by you and the lender, and filed with the bankruptcy court. You can pull a copy from Pacer, if it was, and show it to the lender and demand that they correctly report the loan.