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    Ch !3 Question

    I am approaching 3 years in 13. File October 2004.
    For the most part all that is left being payed on is my 2 vehicles.

    Heres the deal.
    one vehicle sits in a parking collecting dust, the other is in the garage right now being semi-repaired. they actually wanted 2000 to do the entire repair, and I had to tell them to do brakes only so I could drive it away.

    Both vehicles 98 and 2000 are probably only maximum value of 1000 each.

    I had spoke to a represenative over a month ago when the problmes started with Vehicle 1, and he mentioned turning the vehicle in, and having it removed from the plan. Now with vehicle 2, it will not be legal to drive, because it wont pass inspection.

    Can I turn both vehicles and have removed from plan?

    According to the website I am only paying to the vehicle creditors at the time and everything else has been paid. Total left is a little over $8,000

    What happens when i surrender to the banks?

    Thanks
    60 Month "Old Law"
    Filed 10/4/2004
    Confirmed 1/2005
    Discharged 9/8/2009

    #2
    Vehicle Surrenders, Only Option

    Just found out that the cost of repairs to my Venture minivan will be more than it is worth

    What do I do next?

    Can I have both of my vheicles surrendered to discharge the case,
    Convert to Ch 7 to clear the 8000 dollars owed.

    I dont want to pay 432 a month for 2 vehicles I cant drive, plus another 110 month for insurance.

    Help please
    60 Month "Old Law"
    Filed 10/4/2004
    Confirmed 1/2005
    Discharged 9/8/2009

    Comment


      #3
      Originally posted by crookedoak View Post
      I dont want to pay 432 a month for 2 vehicles I cant drive, plus another 110 month for insurance. Help please
      If you filed with a lawyer, make an appointment to talk this over with him/her. They can tell you what your best options are in this circumstance.

      If you didn't file with a bk lawyer, then it will be well worth your time to pay for a half hour consultation with an experienced bankruptcy lawyer in your area to make sure you do what's right for your case.

      You can likely voluntarily surrender the cars, will you need a replacement car? If you do, then you need to have your trustee's prior permission to take on a new car loan during your active Ch 13. This may require filing an amended plan - hope you did originally file with a lawyer to make that easier. At least since you filed under the old law, any amendments to your plan will be done under the old law as well.
      Last edited by lrprn; 07-14-2007, 05:15 PM.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        fortunately I do have access to other vehicles that my kids have,
        I do have one of the better known Bankruptcy attorneys in the Pittsburgh area, and will speak again with them tomorrow.

        I was just curious. When the firm last told me to surrender my 98 vehicle, he told me that my payment would be adjusted. Now if I surrender both vehicles I am curious if everything would be wiped out, discharging my case
        60 Month "Old Law"
        Filed 10/4/2004
        Confirmed 1/2005
        Discharged 9/8/2009

        Comment

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