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Old 05-28-2009, 11:30 PM
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Ok, I asked someone that had extensive knowledge with BKs and this is how he explained it to me (the important part - in a nutshell):

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The statement of intentions, etc mean nothing. There has to specifically be a reaffirmation agreement, signed by the lender and the consumer to keep the account from being discharged. That is the only document that matters.
Since her att'y did not file a reaffirmation agreement- the debt is discharged, and Honda is reporting properly.
So, maygen, unless you have the actual reaffirmation agreement.......this acct may have been included in your BK.
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Old 05-29-2009, 10:59 AM
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Originally Posted by Trish View Post
Ok, I asked someone that had extensive knowledge with BKs and this is how he explained it to me (the important part - in a nutshell):



So, maygen, unless you have the actual reaffirmation agreement.......this acct may have been included in your BK.
I also checked Trish,and your right,so they need to check their sch f to see if it's on there.Now some times on a bk if stuff was left off that can be excused by a judge under the concept of bona fide error,because of lack of education in legal matters,As in all legal cases you can go pro se and the judge will try to work with you.But usually if its on there it stays there.
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Old 05-29-2009, 02:50 PM
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Originally Posted by Trish View Post
Ok, I asked someone that had extensive knowledge with BKs and this is how he explained it to me (the important part - in a nutshell):



So, maygen, unless you have the actual reaffirmation agreement.......this acct may have been included in your BK.
Yeah that is pretty much how they explained it to me as well. REALLY sucks. How am I supposed to know these things, you know? In any event, I have a call into my atty and they are looking into things. Honda is sending me a letter stating that I paid the acct in full and paid on time throughout the duration of the loan. I hope that can maybe help in the future?

At some point I am going to dispute my bk, can they verify the information if the bk is no longer listed?
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Old 05-29-2009, 02:56 PM
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Yeah that is pretty much how they explained it to me as well. REALLY sucks. How am I supposed to know these things, you know? In any event, I have a call into my atty and they are looking into things. Honda is sending me a letter stating that I paid the acct in full and paid on time throughout the duration of the loan. I hope that can maybe help in the future?

At some point I am going to dispute my bk, can they verify the information if the bk is no longer listed?
Its a public record however it will quit showing up on the cra report,It stays in the courthouse records.
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