Reaffirmation in Bankruptcy With Our Camper. – John

“Dear Lewis,

Filed chapter 7 and was discharged jan 2011.

Included in the discharge was a 2003 camping trailer. Since jan we have been making the monthly payments, and in fact have never missed one over the course of the loan. We now find ourselves re-evaluating the need for the trailer, and the payment. It is worth aprox 6000 in excellent condition, however ours had a run in with a tree and has about 4000 in damage. We still owe about 9000 on it. If we walk away from it, do you feel the bank will repo it, and if they do, can that be reported as such? Not sure if the discharge eliminates the repo from being filed on credit report also.

John”

Dear John,

Do you know whether you signed a reaffirmation agreement in your Chapter 7 bankruptcy?

If you did, then you must continue to pay for the camper. It means you are still personally responsible for the debt, and if you don’t pay, the creditor can chase you for payment and report your bad payment history.

But if you did NOT sign a reaffirmation agreement, then you do not have to pay any more for the camper. The creditor cannot report and derogatory payment history. In fact, the creditor is not required to have reported anything other than $0 balance, discharged in bankruptcy.

Please check the case filing from 2003 to see if you signed a reaffirmation agreement.

Good luck!

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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