Auto Collection after Chap 7

[PupnCub]

Ok, tell if this is right.....

In 2003 (New York) I filed a Chapter 13 and had to have it converted to a Chapter 7 in 2005 and had my debts erased, as part of the deal the finance company Credit Acceptance repo, my 2000 S-10 p/u and sold it at auction, also no creditor showed up for the meeting of the creditors on the day of court. My Chapter 7 was discharged 12/29/2005.

Today July 5, 2008 - As my SUV took a crap, I am in need of an Auto, I am still in the subprime lending as my Fico scores are TU-577, Exp-576, and Equi-587. While the dealership was running the credit, Credit Acceptance came up. They stated the following "We will give you another car loan for X amount, but first you have to start making payments from the Truck we repo, in 2005. Your payments will be $400.00 a month until the remainder of the balance is paid off. If I do not pay this monthly amount, we will not offer you financing."

Ok, now - how can they legally 3 years later ask me to make payments for an account that was declared in bankruptcy, and discharged. Should I petition the Courts to reopen the Bankruptcy and file a contempt of court motion against them for trying to collect on this debt?

[kiwi42008]

You have a legal case. First of all if the creditors did not show up at meeting they should have been discharged. You can contact the attorney that filed your case and petition the court and see what happened and see what they can do.

[LadynRed]

Since you converted to a Ch 7 and your debts were discharged, they are in violation of your discharge injunction for even attempting to collect ANY money from you on a discharged debt. Find another lender -- or buy a used car for cash that you can get by with until you improve your credit enough to get a better loan rate.

I would first send them a strongly worded letter re: their illegal demands for money on a discharged debt.