screwed

[newstart]

I just wanted to be the first to tell you guys that I am screwed. You know my finance company filing a motion to lift the stay and my attorney had until 12/12/05 to file a motion on my behalf and he did not do that. When I called for the 3rd time today to ask about the motion because I had receive a letter stating they wanted my vehicle he said "oh you got a letter, when did you get that letter, oh my copy must be in my secretary's desk but you do want to go ahead with the motion to redeem right. Is he stuck on stupid or what, what can I do I am so pissed off. Can I get another attorney right before my 341, can I get my money back, should I contact the Trustee, please help me I don't know what to do?

[bkfiler]

why didnt he go ahead and redeem or file it today? im lost.

you dont really want to swtich attorneys mid stream imo. if you do then be careful as the benefit might not be much and the cost is more. this attorney wont give you money back more then likley.

this is the reason i always check pacer and stay on top of these scumbags. they dont really care about you, i saw that from the start. so let this be a word to the wise, keep on top of your attorney and make sure hes doing things in a timely fashion.

sorry for your problem

[newstart]

I was checking pacer. I went to his office and showed him the motion at 8:00pm, he said he was going to contact the attorneys office in the morning and would have an answer for my by Wednesday. What difference does any of that make when the deadline was today. If it was going to be like this I could have done my own negotiating I couldn't have any worse.

[bkfiler]

not sure but if he is working it then thats good. keep on top of him.

keep in mind they dont want your vehicle usually. they would rather get all that money from you each month.

im not sure of your situation but i wonder if you could not reafform but still keep making payments and they would just let the vehicle remain yours until you stopped paying. this is better for anyone i think...

[newstart]

At this point I don't know what I could do, I sure can't get any reliable answers from my attorney. The way I see it if I keep making payments and don't reaffirm they would probably come get it anyway. I can't do anything else tonight so I guess I just need to give it a break for now.

I didn't think they would want my vehicle either but I'm sure if they spend money on an attorney and a repo guy and fees and this and that, they must believe they can get what I owe on it. I would like to resolve this before my 341 on Tuesday because I would hate them showing up saying give us the vehicle and then I wouldn't have a way home. I'm scared.

[bkfiler]

they need the attorney anyway no matter what. thats no big deal. and a repo guy is just whoever they ussually use in that area so thats no big deal.

i got a feeling this is going to work out for you in some fashion.

remember to question whether you really want the vehicle based on how much you owe. is it good for you?

also remeber that your attorney might find out that they are happy enough if you just keep paying and you keep the car until such time you dont pay maybe. you would be happier about that right?

keep us informed and imo go buy a club from walmart adn return it when you dont need it anymore - lock you wheels sideways and then put it on. park on another street far away or in your garage locked. at work park three streets away. maybe he wont find it.

[newstart]

I hope your right bkfiler, that it will work out for me. I just hope that my attorney will at least do what he said and make those phone calls to the other attorney.
I would like to make payments on it and then return it when I can get some more in my price range and not owe them anything. For now I will certainly keep my vehicle under lock and key.
Would I receive something in the mail before they come and try to confiscate my vehicle, doesn't matter I will just keep checking pacer 5 times more than I check it now. Thanks alot.

[newstart]

Well I went to my attorney's office at 8:00 last night wanted me to bring him the motion so he could review it. I checked pacer this morning and according to pacer a motion to redeem has been listed. I can breathe a lot easier for now. Could they show up at the 341 meeting and ask for my vehicle?

[bkfiler]

first off i dont think they can take anything from you until you are discharged or case is closed. so to theat end dont worry too much.

also, if you 'reaffirm' with them then you would keep owing afterwards and couldnt just give it up as if you were to not reaffirm and just keep paying with their blessings.

i didnt have to do a vehicle in my bk so im not sure how the redeemption goes.

ask your attorney all questions about all options including giving it up later. figure out what is best for you.

[sobroke]

I did not reaffirm on my car and my attorney said to just keep making payments (on time) and they will not come and repossess it. But if you are late by one day, consider it gone! I have decided to not keep the car, so my attorney instructed me to call the bank and tell them where to pick the car up at. I am waiting to hear back from the bank. Good luck.