I have till tommorrow and could some advice bad

[tipton8991]

I'll try to get this all right. I and my brother live in Ohio. almost 4 years ago he took out a loan for me on a truck for me, Im not on contract or title period. Payments for the truck have been taking out of a saving account belong to me only to pay his account for the loan every month sense day one of he loan to pay his loan. I have pay all the taxes (2290) Inssurance(in My name only)Plates all the maintance a repair, even had motor rebulit at a cost of 11000 a year ago, i personal have about 20000+ in repairs, I did a written contract stating I agreed to pay all the payments and when bank was pay he would transfer title to me. I think there was some other things to protect me im sure but I have it in front of me. It was all signed and legal. Ok here the ruff stuff. Balance on truck is 6500.00 Today is monday and hes going to court tommorrow to start his Chapter 13. He asaid he was going to surrend and hope it worked out for me.I told him no because thn trustee would sell it from what i heared. He's going to added it and have me pay what ever it ould be over the 5 year plan would be month. My questions and please including anything else helpful but, Is there anyway to pay trustee more or walking and give trustee after file the money and getting title? Can it be written in the plan or anything? I have enough proof its been being taken care by me and its not a fraud of taken out his name to save it or anything. Thought about a possible mechnics lien also, probally wouldnt do any good. I wouldnt want to do this at all but this truck is all I have and I cannot lose it for any reason. Thanks and sorry for any typo errors. This is driving me nuts and only have today I think to accomplish something.

Update: He said hes' signing tommorow is what going on
From what I have read I do know there's been items not report and handed out of his name and also most of the credit was recieved even on the house because of false better say fake taxes forms. Im not looking to get involved any more than what i am. I think he dishonest and I think it unfair to keep all the toys and get away with it.

[rrockinggramma]

so he is including this vehicle in his chapter 13? Because of its age, is the loan being crammed down? No, you said he was surrendering it? How about calling the lender of the vehicle and asking them to sell this truck to you for the balance of the loan? Let us know how you come out. . .

[tipton8991]

The balance is 6500.00 i have no clue if it's being cram down, he said he could either surrender or put it in plan, from my reading is see not sure of true or not, but if understand correctly in 13th he has to add the debt but can show it as pay outside of plan. With never a payment missed or late drawen directly from my saying set up for auto withdraw to pay the loan in his name. I have spoke to the bank, with my x wife years ago damaging my credit was unable to do anything for me with a loan. Im sure out side plan bank wouldnt object I'm sure looking at less than a year versus 5 years. Like I said not sure if info about keeping out side plan is any true, but like I said trustee ussully leans away from if behind if late or excesive amount. Trucks a 1998 Semi Truck
Steve

[familyof7]

I think you should contact the trustee and find out your self. It couldnt hurt to do so. Just let them know you can proove that you and only you have paid on the loan. You might try calling the bank as well and tell them you have and you can proove you have been the only one making pmts. they might be more willing to work with you then. Also try some online bad credit auto loan companies. i am sure the truck is worth more than whats owed see if you can buy it for whats owed

[MomIcantFindmy]

If the truck is in his name but you have been paying it would that make you a secured creditor on the vehicle? Just a thought...

[arkienurse]

When we filed, OLD LAW, we had a jeep that our son was making payments on. And 2 vehicles of our own. Our lawyer knew this, and put in our plan that the vehicle was to be paid outside the plan by a 3rd party. Never heard a peep out of the trustee over this issue, just was asked at 341 if this was correct.
Please, contact your brother's lawyer and trustee to see about working this out.

[tipton8991]

Well I asked my brother to talk to his attorney, his att said he had to list it as a debt (no brainer) but it ad to be add to plan. Of course my brother only gets PO if its something he need or I personal would have told him to add it to debt and place my intent to be place outside plan for the reaon of such and such and let trustee make the deciscion, but he didnt come back and tel brother i could pay him to file with court to get release when i got the remaining 6300 and he dont think there will be a problem.lol I cannot agree but will see. On a personal note 2 attorneys here in town said now way to file 13 and got this one in another town to do it, I pesonally think from all my reading up and Im no professional but I think fraud will be enter or just out right willnt accept, one income family , she just started work 5 months ago he still aint working. Dont see it abeing approved. I also want to thank the people for responding, Steve..I will updated just to let people now how it worked out. even if hes gets it out of the plan after in it and started