Author Topic: Americredit Hasn't Contacted Me In Three Years...  (Read 816 times)

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Dalmus

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Americredit Hasn't Contacted Me In Three Years...
« on: May 16, 2014 10:26:23 PM »
So I filed for Chapter 7 in 2011, and received my discharge.  I initially offered to reaffirm my car loan in the filing, and my lawyer drafted up a reaffirmation offer for better terms.  When the lender responded, they refused to budge on anything, so I refused to sign THEIR agreement contract.  I did, however, continue to pay the note as agreed.  Fast forward to 2012, and financial circumstances changed a bit, and I stopped paying.  I believe there was a whopping $1000 or so remaining on the note.

Fast forward to today, and I have never heard a peep via phone or by mail from Americredit about the loan.  I never took any particular pains to "hide" the vehicle, in fact, I fully expected (and secretly wanted) it to be taken.  I've since rebuilt my credit back to somewhere between "fair" and "good" depending on the the CRA, and have a new (to me) car and auto loan for much better terms.

I have a couple questions:

1)  Since there technically isn't any "ride through" option in BK, can I potentially be in trouble because I still have the vehicle and didn't sign the reaffirmation agreement?
2)  If I contact the lender now and they choose to repossess, will this show up on my credit report in any way?  Will it refresh the trade line which currently reads "discharged in bk?"
3)  Since the loan was discharged but the lien remains, is there any reason I can't ask for the title, either free and clear or by offering a settlement?  Would offering a settlement (and them accepting) affect my credit?

Thanks for any input!

Flyingifr

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Re: Americredit Hasn't Contacted Me In Three Years...
« Reply #1 on: May 16, 2014 10:38:10 PM »
1: Since you didn't reaffirm the debt, your obligation to pay has been erased by the BK court.

2: Erasing your obligation to pay doesn't erase the lien.

3: They haven't contacted you about the debt because #1 forbids this - it would be a violation of the Permanent Injunction issued in the BK Discharge.

4: They can't ask you for money but they can repo the car because the lien is still there.

I suggest you just resume payments and pay the car off. That is the only way you will get a clear title.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

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