QUESTION

need help with car loan/credit report. read below.

Asked on Jan 10th, 2012 on Bankruptcy - Pennsylvania
More details to this question:
im discharged since sept2011 from ny filed ch7.i asked to keep my car loan signed statement of intention.i have been making payments all along on time.showing up on my credit report as a discharge.contacted loan office they stated i needed 14page reaffirm agreement.i also had co-borrower on loan.his credit report stated included in bankruptcy/acct closed.is he still responsible?are the legally allowed to take my payments for past 4months?how do i keep the car or should i tell them come get it since its all screwed up?help i cant get any answers from my lawyer afraid ill go outside &it will be repoed even tho im paying.
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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Your Bankruptcy Attorney should handle this problem, sounds as if he never had you sign a reaffirmation agreement on the car loan, thus this is his mistake and fault. The proper course was not to just document your intentions on your petition, you also needed to sign a reaffirmation agreement to keep the loan in force. It sounds like your debt was discharged through your Chapter 7 Bankruptcy Petition, which cannot be undone. To answer some of your other questions: Co-Borrower should still be liable for the debt, not discharged, they need to contact credit bureau to correct issue. Leave issue alone, unless co-borrower wants to pay back the debt. Yes they can take whatever payments you send them; the debt was discharged, but not their ability to collect payments. You can keep the car if you keep making payments or they will repossess. Giving it back is really up to you, damage is done. But you should be building your credit back up, not wasting it on a car loan you will not get credit for on your credit reports. But this is more personal choice, not a legal answer. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook    
Answered on Jan 11th, 2012 at 2:42 PM

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