Any advice would be great here.
I'm in a Ch 13. Filed Feb 07. Confirmed Sept 07.
We surrendered a motercycle and jetski which we owed a total of $14590 and artwork which we owed $15521. The creditor is the same for both of these (ECAST). They filed unsecured claims for the total amount we owed with a note on the claim saying "will amend upon sell". Well we never heard from them. They didn't ask for a lift of stay, nothing until my attorney filed an objection to their claims in Sept 07 saying that they had had plenty of time file lift of stay motion, sell property etc and they have done nothing. The creditors had the hearing postponed and then on the day of the hearing, did not show up. My attorney told me that they now have to file amended claims.
They then filed motion to lift stay. That was granted Dec 6, 2007. In Jan, they called and came to pick up Motorcycle and Jetski. HOWEVER>>>> I got a call a month later that the VIN number on the jetski they took didn't match ours.. They took the wrong one from the marina (I guess it would be stolen now?) So a month later, they called to bring back the wrong one and pick up ours....haven't heard back from them.
So on the motorcycle and jetski, I'm waiting for them to amend claims to whatever the deficiancy is after sell. But no one has ever contacted me on the artwork. The motion to lift stay for that was also Dec 07. What do I do? I feel like saying nothing. That it is their responsibility to contact me, pick it up, sell it, file a correct claim. But what if they do not do this?
maybe...
1. Further into the plan, when it's time to pay unsecureds they do not have a correct claim and cannot get paid... or
2. The incorrect claim somehow stays and we have to pay on the total amount owed instead of the defeciancy.
I guess call the attorney? What are your thoughts?
ps... on the wrong jetski taken from the marina. It belongs to friends of ours. We had purchased the same make and model at the same time and kept them together at same marina. I told the repo guy this...to make sure he checked vin numbers b/c there was another one there just like it. He messed up.
So they cut the lock and took the wrong one. And when the guy called me that he was bringing it back...I made sure he knew the situation and that he basically had stolen property!
Crazy!!
I'm in a Ch 13. Filed Feb 07. Confirmed Sept 07.
We surrendered a motercycle and jetski which we owed a total of $14590 and artwork which we owed $15521. The creditor is the same for both of these (ECAST). They filed unsecured claims for the total amount we owed with a note on the claim saying "will amend upon sell". Well we never heard from them. They didn't ask for a lift of stay, nothing until my attorney filed an objection to their claims in Sept 07 saying that they had had plenty of time file lift of stay motion, sell property etc and they have done nothing. The creditors had the hearing postponed and then on the day of the hearing, did not show up. My attorney told me that they now have to file amended claims.
They then filed motion to lift stay. That was granted Dec 6, 2007. In Jan, they called and came to pick up Motorcycle and Jetski. HOWEVER>>>> I got a call a month later that the VIN number on the jetski they took didn't match ours.. They took the wrong one from the marina (I guess it would be stolen now?) So a month later, they called to bring back the wrong one and pick up ours....haven't heard back from them.
So on the motorcycle and jetski, I'm waiting for them to amend claims to whatever the deficiancy is after sell. But no one has ever contacted me on the artwork. The motion to lift stay for that was also Dec 07. What do I do? I feel like saying nothing. That it is their responsibility to contact me, pick it up, sell it, file a correct claim. But what if they do not do this?
maybe...
1. Further into the plan, when it's time to pay unsecureds they do not have a correct claim and cannot get paid... or
2. The incorrect claim somehow stays and we have to pay on the total amount owed instead of the defeciancy.
I guess call the attorney? What are your thoughts?
ps... on the wrong jetski taken from the marina. It belongs to friends of ours. We had purchased the same make and model at the same time and kept them together at same marina. I told the repo guy this...to make sure he checked vin numbers b/c there was another one there just like it. He messed up.
So they cut the lock and took the wrong one. And when the guy called me that he was bringing it back...I made sure he knew the situation and that he basically had stolen property!
Crazy!!
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