Need help/advice on lien

[WhatJust]

I've been reading this forum since my discharge (chapter 7) and kick myself constantly for not reading it before I filed. I've been screwed over several times by the Trustee and my lawyer for simple things I could have prevented if I had done better research. I'm here to say "Knowledge is Power" and Ignorance is blissfully expensive. I'm feeling pretty bummed right now and don't see when this thing is ever going to end. Now I need some advice to try to prevent further mistakes. Here's my story:

During the 341 meeting the Trustee filed an adversary complaint against the lien holder of my automobile. Half way through the action the trustee dropped the complaint. Per the installment sale contract, the loan company can charge my account for any legal fee's as the result of my bankruptcy; which they did for over $3,000. At the time I only owed a small amount but now, with the additional $3K, the loan about equals the value of the car. To make matters worse, my wife hit a deer on the way to work and now the car is worth less than what I owe on it. I wanted to give the car back to the lien holder but they said they would just charge my insurance for any repairs. My questions are:
1) Can the lien holder charge my insurance?
2) Has anyone fought additional charges added to a loan in an installment sale contract? If so, how did you go about doing that? I don't feel the legal fees are reasonable.
3) Has anyone filed a complaint against a Trustee? The trustee had filed the exact same complaint a year earlier and lost.
4) What is the best way to complain about a B/K lawyer that I felt didn't fully represent me?

Thanks in advance for everyone's help. I wish I had found you earlier.

WhatJust(ice)

[lrprn]

Sorry to hear you've had a rough ride, WhatJust.

My questions are:
1) Can the lien holder charge my insurance?
2) Has anyone fought additional charges added to a loan in an installment sale contract? If so, how did you go about doing that? I don't feel the legal fees are reasonable.
3) Has anyone filed a complaint against a Trustee? The trustee had filed the exact same complaint a year earlier and lost.
4) What is the best way to complain about a B/K lawyer that I felt didn't fully represent me?

Thanks in advance for everyone's help. I wish I had found you earlier.

WhatJust(ice)

I don't know the answers to your questions #1 and 2.

However for #3 - if you have a complaint about a local trustee, all state-level trustees report to the US trustee. You can file a report with the Executive Office for U.S. Trustees - email is [email protected] or you can mail your complaint to:

Executive Office for U.S. Trustees
Office of the General Counsel
Department of Justice
20 Massachusetts Ave., N.W., Suite 8000
Washington, D.C. 20530
(202-307-1399/FAX-2397)

NOTE: If you live in Alabama or South Carolina, the US Trustee Program doesn't have jurisdiction there. You have to call or mail your complaint to:

Administrative Office of the U.S. Courts
Bankruptcy Judges Division
1 Columbus Circle, N.E., Suite 4-250
Washington, D.C. 20544
Phone: 202-502-1900

And for your question #4 - the best way to complain about a lawyer is to contact your state's attorney general, bar association, or other legal organization and file a complaint. Here's a link to each state's appropriate contact person with mailing address and phone number. Some have email and websites also - http://www.nbtanet.org/public/discipline/index.shtml

Please keep us posted on what happens. Hope someone else here can help with questions 1 and 2. Hope everything works out for you!

[Minnymouth]

Yes, regarding the repairs on your vehicle...... the lienholder can charge your insurance company for any repairs as long the auto has been in your possesion the entire time..... Now if the seized the auto and TOOK IT - or repo'd it..... then it is not covered under your insurance policy.

Yes, they can bill you for attorney charges if you file bankruptcy.... any expenses they incurred can be passed onto you...... you signed to that affect and agreed in your contract with them.... Sorry....

If the car is worth less than what you owe (damaged or not), I would try to strike a deal with the auto company to purchase it if I wanted to keep the auto..... otherwise you might consider letting them have it back (as you did not reaffirm on it) and let them fight it out with your insurance company, minus you...... and find you another vehicle....

Hope this helps....

[WhatJust]

Thanks for the great advice. I think I'll take MM's advice and turn the car in. As far as filing a trustee complaint, should I wait until the case is closed? I was discharged back in April but Pacer still shows the case open. I just don't want the trustee to tit-for-tat me.

WhatJust

[Minnymouth]

Before reporting a Trustee I would definetely make sure my case was "closed"..... and over with...... for a least a little while......

You basically have 2 years to contest anything they do if not longer.....

You sure don't want your case still open when you report him......