Secured Vehicle Totaled in Accident!!!

I need advise. My attorney was only available to us when we were paying him, and now we aren't a priority. We are currently in 13 and our vehicle is secured in it. I was in an accident in which the vehicle was totaled. My questions are: At the time we filed we owed 30,000. but the attorney said the vehicle was only worth 21,000. and the lender did not fight it or file a proof of claim, so does that mean that the 21,000. is the number we go by? Does the insurance co. pay the lender the approved amount and then would we get any left over $ to purchase a new car? Will are payment that we make to the court change? Our attorney will not meet with us for a month to discuss this and we have to arrange for a vehicle before that. Thanks

First, were you making car payments directly to the lender or through the chapter 13 plan payments?

I would think this would be handled between the insurance company and the lender and aside from you submitting the claim to your insurance, you wouldn't have anything else to do with it. Also, whether you get to keep left over money depends on how your vehicle is insured (i.e. current market value, replancement value, or etc etc. The insurance will always pay the lender first.

The same thing happened to me and I never saw the check from State Farm and the check was about exactly what i owed on the secured loan, so my situation was a little different. I ended up refiling the C13 because I had to buy a new car and only had 4 mos. left on my C13.... If I knew now what I didnt know then, I would of NEVER EVER refiled! I ended up paying $400 more a month on the payment of the new C13. I thought it would be less since that was a secured debt gone from my debt, but it didnt work out that way. Not to mention pay court fees again and another $1800 for attorneys fees.