dumptruck in chapter 7

[maverickrentals]

hi all,newbie here, i have a question about a dumptruck that i have, i filed a chapter 13 three years ago and the truck was a problem (insurance thing) so my lawyer told therm to come get the truck (the bank never did ) it sat in the yard for a year and a half. long story short, i quit the 13 and went back to making my payments to the banks, well the mortage company doubled my house payment 1600.00 a month, in about a year i was broke and not getting alot of work, so i lost the house, we had a 341 hearing on my chapter 7 last week, the bank showed up about the truck and asked if it runs and the condition of the truck, the truck does not run and its kinda rusty, they never said anything about wanting the truck back, i asked my lawyer about it and he said mostlikley thay do not want it, its a 1986, so what now, its still in my yard and i have not heard a word. and if it sets like before can i charge them storage on it.....thanks

[lrprn]

Ok, let's see if I have this right.... You filed Ch 13 three years ago and at the time you voluntarily surrendered the truck back to its lenders and quit making payments. You then voluntarily dismissed your Ch 13 and started making payments on the truck again. The truck has sat on your property in your posession the whole time. Have you been using it at all during that time?

Now after losing your house to foreclosure, you've filed Ch 7 and the truck lender is again asking about the truck that they never came to pick up after you surrendered it during your Ch 13. And now you want to know if you can charge the lender a storage fee for the truck even though it's currently sitting in your yard like it has been for the last 3 years. Did you file a reaffirmation agreement on the dump truck? Do you plan to surrender it again or do you want to keep it?

And no matter what the answers to the questions above are, the answer about being able to charge the lender for storage is 99.9% no,(and it's not 100% no only because in bk, I've learned to never say never )

[SinkingFast]

And now you want to know if you can charge the lender a storage fee for the truck even though it's currently sitting in your yard like it has been for the last 3 years.

Sounded to me like the OP has since surrendered the house too.

So that would be "a dump truck that's sitting in the Lender's front yard" wouldn't it??