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CH7 Auto Reaffirmation

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BKOHTX
New Visitor

CH7 Auto Reaffirmation

I'm needing help. I filed chapter 7 Feb 2022. Prior to filing I had 3 car payments missed 30/30/60 which I brought current to do reaffirmation. To this day they are still the only 3 that were outstanding. The auto finance company Exeter Finance did not report any payment history good or bad for over 2 years. Last week I checked Credit Karma and my Vantage score plummeted 76 points on Equifax. The reason is after all this time Exeter now wishes to report my payment history including the credit infraction prior to my bankruptcy 2 years ago like it happened yesterday. I don't think it's right. What is the purpose of a bankruptcy if a creditor can come anytime and put ever on your credit. All my hard work and patience are now diminished in one swoop. What can I do 

Message 1 of 4
3 REPLIES 3
despritfreya
Frequent Contributor

Re: CH7 Auto Reaffirmation


@BKOHTX wrote:

. . .I filed chapter 7 Feb 2022. Prior to filing I had 3 car payments missed. . . which I brought current to do reaffirmation.. . Exeter Finance did not report any payment history good or bad for over 2 years. Last week. . . my Vantage score plummeted 76 points on Equifax. The reason is after all this time Exeter now wishes to report my payment history including the credit infraction prior to my bankruptcy 2 years ago. . .  What is the purpose of a bankruptcy if a creditor can come anytime and put ever on your credit. 


You reaffirmed the debt.  As a result, your bankruptcy became irrelevant as to this creditor.  This is the exact reason approval of reaffirmation agreements should be avoided.  You got no benefit from it and you lost your "fresh start". 

 

The Bankruptcy Code requires you to enter into a Reaffirmation Agreement.  If you don't the creditor can repossess regardless of the payment history.  The Bankruptcy Code does not require the Court to approve the Agreement.  In most jurisdictions the Judge makes a finding that approving it is not in your best interest.  This gives you the best of both worlds - you did what the law states you have to do (sign a Reaffirmation Agreement) but you also get your fresh start. Apparently, that did not happen in your case and the Court approved the agreement.  Approving it took the debt out of the protection of the bankruptcy.

 

Someone else will have to comment on reporting issue and if there is a way to "fix" it.

 

Des

Message 2 of 4
pizzadude
Credit Mentor

Re: CH7 Auto Reaffirmation


@BKOHTX wrote:

I'm needing help. I filed chapter 7 Feb 2022. Prior to filing I had 3 car payments missed 30/30/60 which I brought current to do reaffirmation. To this day they are still the only 3 that were outstanding. The auto finance company Exeter Finance did not report any payment history good or bad for over 2 years. Last week I checked Credit Karma and my Vantage score plummeted 76 points on Equifax. The reason is after all this time Exeter now wishes to report my payment history including the credit infraction prior to my bankruptcy 2 years ago like it happened yesterday. I don't think it's right. What is the purpose of a bankruptcy if a creditor can come anytime and put ever on your credit. All my hard work and patience are now diminished in one swoop. What can I do 


I'm not sure if you have any recourse on the late payments -- as mentioned above the account is not IIB and it's up to the creditor to decide how and when they report to the CRAs.   Having said that, I don't think that the impact to your FICO score would be as significant as the 76 point drop you saw on CK.   Your BK is what is going to be the primary drag on your FICO scores in your case. 

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
Message 3 of 4
Dmessina666
Frequent Contributor

Re: CH7 Auto Reaffirmation

I just wrapped up my 341 meeting for my first and ONLY Chapter 7. I was going to reaffirm my auto loan thru Ally simply bc I have a stellar payment history and I wanted that to continue. In Massachusetts, they cannot take my car if I don't reaffirm. After careful consultation with my attorney, I decided not to reaffirm. 

I kept my house and car, everything else was IIB. Since your bank decided to do this, maybe a GW or a nice email to some execs requesting to remove the lates might help? I know that's a big stretch, but can't hurt since the damage is already done. Keep your head up. 

Message 4 of 4
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