Car Repo after bankruptcy

[twinmami30]

Posted in YM but no feedback hoping someone could help here:

I filed bankruptcy early last year and was discharged in June. I had a car loan that I did include in my bankruptcy but did not reaffirm the loan. Made some payments but was unable to continue. I was told that since I did not reaffirm the loan and the loan was included in the bk a repossession will not show up on my credit report. They stopped reporting my payments to the credit bureaus and did not call or send letters etc. My bk lawyer said I could call and have them come get the car or let them come get it because either way will not affect me. Yesterday they came to my job looking for the car but the car was actually home since I got a ride to work. The repo guy said there was a judgement issued for the car which I was not aware of at all but did tell him that he was more than welcome to pick up the car after I got home (was in the garage). I cleaned the car and parked outside today, but no one came. I am fine with losing the car, knew that I was not going to keep it but the judgement is surprising and worrisome. Can this judgement affect me even if the loan was discharged?

[Rocky Mtn Saver]

Twinmami, I don't have any knowledge about either repos or bk, but I'd think this is something you should talk with your bankruptcy attorney about. 

[973beachbum]

I don't understand.  If the car loan was included in you rBK didn't it have to be either wiped away through BK which to me would me no more payments and but you give up the car.  Or you reaffirm the loan and you keep paying but your keep the car.  YOu post kind of sounds like you did both and yet didn't completely do either.

[Clever Username]

I work in bankrutpcy, so I know my stuff.
First off, kudos for wisely not re-signing on something you couldn't afford.

1. If I've learned one thing with my dealings with creditors, I've learned this.
Don't believe a word that comes out of a repo man's mouth.
I would trust a payday lender before a repo man.
And I don't trust payday lenders.

2. Yes, as long as you didn't reaf, the debt is discharged.  Post filing payments don't do anything to change that. If it shows on your credit as anything else, hit me with a PM and I can help you parlay that misreporting into cash.

3. I doubt there is a judgment against you, you can call the county courthouse to confirm.  Technically, they could sue you if you tried to hide and keep the car. Probably not though, way too early for that.

4. If I were in your shoes, I'd call the lender and make them a cash offer to keep the car. I guess that's supposing you wanted to keep it. Base your offer on the value, not the loan balance, that's irrelevant now.  Use a wholesale, low value too.

[seriousthistime]

As Clever Username says, you can continue to pay on a secured debt that is discharged in bankruptcy and not reaffirmed.  The payments don't change the fact that the debt was discharged in bankruptcy, but they do mean that you can stall or prevent a foreclosure or repo if you keep making the payments.  

It's unlikely there is a judgment against you.  Were you at some point served with papers saying you were being sued and to show up in court on a particular day?  Somehow I think it's unlikely you would forget that sort of thing...