My spouse and I met with our attorney last week to pay the retainer (half of the entire fee) and to turn in all of our paperwork. We are filing a chapter 13 and we have several accounts from our credit union that are going to be included in it (Visa, MC, small personal loan). However, we planned to pay for our car which is also financed through them and pay it seperately outside of the bk. The problem is even though I have notified them (credit union) of our plans and forwarded our attorney information to them they still keep calling and sent me an email today saying that if I did not contact them by 6 p.m. this evening they would utilitize #6 of my credit card agreement which is to take over any secured collateral from any of our account or for what was used for any loan. We already changed banks and have nothing in the accounts but we due have the car which is still financed through them. Could they be referencing it? The car has no equity in it and the payments are current. I will inform my lawyer again tomorrow but in the meantime I do not want them to try to come and take my car.
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When will you be filing? I would see if you can get filed on an emergency basis on Monday. Park the car in a garage (yours or a friends) or something until then.
There was another member of this forum that had a similar situation. They ended up having problems getting the title to the vehicle after the auto was paid off due to cross collateralization. Ask your attorney.Filed!!04/23/2008[X] 341 5/27/2008[X]
Converted to asset case 5/26/2008 [X]
DISCHARGE 08/12/2008[X]
Converted to NO Asset case 12/15/2008[X]
Closed 12/16/2008 [X]:yahoo::yahoo::yahoo: -
Stay current on your car payments. As long as you do they have no right to repo your car. But make sure that the payments are timely, maybe 3-4 days before the actual due dates.Comment
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credit unions are the worst when filing for bk. they will do everything they can to make your life miserable. My recommendation is to try to do a redemption on the car with a 722 (usually through US Bank) and wave bye bye to this credit union. Open up a new credit union account or new bank account asap because they will seize your funds. Ask the attorney about the 722. That would be the BEST route for you to take.
Last edited by rrockinggramma; 06-29-2008, 10:21 AM.Comment
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We already have changed credit unions and the only thing we currently pay through money order from our other bank is our car payment. I will call my lawyer first thing in the morning and ask advice. We live on a military base so normally I would not be to worried about them coming through security into housing and taking it but we have a branch of the credit union on base and I guess they could call them and ask to have someone escort them on base. I thought everything would be okay on the car as long as we chose to reaffirm it. If not we will include it in the bankruptcy and just pay a higher amount each month. Just one more thing to stress me out!!!!Comment
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