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  1. #1
    Join Date
    Aug 2017
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    Question Can a Lender Charge Off a Debt After Chapter 13 Bankruptcy

    My question involves collection proceedings in the State of: Texas
    I have the title of my car and the bank is telling me return the title pay the balance in full or we will charge it off . Contract for 6 years I have 5 months to go.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Car Charge Off

    Ya lost me. Are you refusing to pay the balance on your loan?

  3. #3
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    Aug 2017
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    Default Re: Car Charge Off

    No I was in chapter 13 I called to get a balance cause I had not gotten one in 3 years I paid 32,000 and I have a balance of less than 2 thousand dollars .they told me that they had release my lean and I did not have to make any more payments . They sent me the release and the title . 2 month later they tell me I have to return the title or paid the whole Amt or thy will charge it off . I'm still sending payment but I don't know what todo .

  4. #4
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    Jan 2006
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    Default Re: Car Charge Off

    Did you pay off your bankruptcy?

    There is a lot of info missing which prevents anybody from giving you any real direction.

    If you were making payments under a chap 13, it doesn't matter what the lender says. It's what the BK trustee says.

    did you send them a copy of the letter that stated you didn't have to make anymore payments and a copy of
    the release of lien?

  5. #5
    Join Date
    Sep 2010
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    19,901

    Default Re: Car Charge Off

    Charging off means absolutely nothing to you. Charging off indicates that the lender has detetmined that timely collection of the debt isn't going to happen and they can for their accounting/tax purposes assume it's not comming.

  6. #6
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    Oct 2006
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    Default Re: Car Charge Off

    Quote Quoting flyingron
    View Post
    Charging off means absolutely nothing to you. Charging off indicates that the lender has detetmined that timely collection of the debt isn't going to happen and they can for their accounting/tax purposes assume it's not comming.
    And if they issue a 1099C (which they should not as its part of a bankruptcy) then you can exclude the 1099C from income on form 982 on the basis of the bankruptcy.

  7. #7
    Join Date
    Mar 2013
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    18,340

    Default Re: Car Charge Off

    Quote Quoting Tangobandit
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    No I was in chapter 13 I called to get a balance cause I had not gotten one in 3 years I paid 32,000 and I have a balance of less than 2 thousand dollars .they told me that they had release my lean and I did not have to make any more payments . They sent me the release and the title . 2 month later they tell me I have to return the title or paid the whole Amt or thy will charge it off . I'm still sending payment but I don't know what todo .
    No need to pay them anything.

    No need to return the title.

    The charge off means nothing to you other than it will appear on your credit report. But that's no big deal since your credit score is already in the cellar from the bankruptcy.

    You own the car free and clear.

  8. #8
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Car Charge Off

    Quote Quoting adjusterjack
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    No need to pay them anything.

    No need to return the title.

    The charge off means nothing to you other than it will appear on your credit report. But that's no big deal since your credit score is already in the cellar from the bankruptcy.

    You own the car free and clear.
    If the debt was discharged in the bankruptcy (and we don’t whether that was the case) then the lender should not even report a charge off to the credit report now. Indeed, even the threat to do that in that case would be a violation of the federal Fair Debt Collection Practices Act (FDCPA) and likely a violation of the discharge as well.

  9. #9
    Join Date
    Aug 2017
    Posts
    6

    Default Re: Car Charge Off

    I was paying it out of the bankrupcy under the bankrupcy was only 700 dollars which the court pay . Bank release the title I have it under my name told me I did not have to pay balance of 2,188 . I ask him are u sure he check n tole me I did not have to make any payments . I got my title in the mail 1 month later they tell me I have to return the tiitle that they have done a mistake and I was late on my payments . I did not send them the title until they agree in paper that I would pay them in payments until I finish paying they refuse .they still keep telling me I am on bankrupcy . They gave me 10 days to return the title or send the whole Amt due or they will do a charge off . Does it mean they will sue me ? I'm 69 and health problems and I don't know how to negotiate with them

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