Okay....here is the situation. I filed BK7 in March of 2011 and it was discharged in June 2011. At the time, I was working in a department at my current job that made more money and so I reaffirmed my $17,000 car loan (that was 23% might I add). Well, fast forward to June of this year....I have had to take a paycut to the tune of $1.16 due to my transferring to a different department due to family health obligations. With this being said, I can no longer afford the $400/month payments that I had a year ago.
Although I got the 2008 Chevy Aveo from a car dealership in my town, a few months later the loan was sold to Crescent Bank & Trust (who by the way is still reporting the car loan as IIB). I have made my payments on time for the last 2 years and they will not work with me. I have two extensions left that I can take and they will not allow me to take them so that I can catch up on the payments. I asked about modifying the car loan and got the run around. First I was told that I couldn't do as such because I had not been paying on the loan with them for a sufficient amount of time. I was able to prove them wrong with this by pulling up my BK7 documents through PACER and reading to them exactly when my loan was sold to them and how long I had been making payments with them. Well after that I was asked if the loan was modified would I be able to make the payments...I said "YES" thinking they were going to help me. Well, as of two weeks ago, I do not qualify for a modification because I am so far behind in payments.
Crescent Bank & Trust call me everyday and I have gotten to the point where I am having anxiety attacks over this car!!! My attorney did not talk to me about a 'redemption' or 'replacement' loan at the time. Can I do a redemption or replacement loan now, AFTER BK7? What are my options?
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