Automatic stay

[Javi]

Jurisdiction

New York

Creditor indicates 'automatic stay' as reason for not reporting debt to credit bureaus... months after bankruptcy discharge. Using this thought process, shouldn't all of the 'automatic stay' rules still apply? Or can they cherry pick which rules to continue to follow after the discharge?

 

[despritfreya]

I am not sure I understand your issue.

You reaffirmed the debt and now wish to give back the vehicle. If you successfully reaffirmed and did not rescind the reaffirmation agreement in a timely fashion the debt was not discharged. If you fail to make the payments the lender can (and will) repo the vehicle and eventually it will sue you for the deficiency.

By reaffirming you re-obligated yourself to the debt and all of the consequences that go with it should you not fulfill your part of the contract.

Just FYI - the automatic stay ended, as it relates to you, upon entry of your Discharge. It was replaced by the permanent injunction of the Discharge Order which, in this case, appears not to apply to Santander.

Des.

 

[Javi]

Why doesn't the permanent injunction of the Discharge Order apply to Santander?

 

[Zigner]

Do you believe that the lender has some legal obligation to report your account to the credit agencies?

 

[army judge]

Why doesn't the permanent injunction of the Discharge Order apply to Santander?

It applies to any creditor, but not Santader in the instant case at hand.

Why?

Because you chose to "reaffirm" the debt, which the trustee agreed with, and the judge allowed to occur.

Any BK protections that you may have had, don't apply to this ONE account (Santander) because you "reaffirmed" the debt, rather than allow it to be discharged.