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Discharageability Complaint filed by creditor

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  • Discharageability Complaint filed by creditor

    I'm only able to disclose some information due to the fact I don't know which adversary attorneys or creditors read this forum.

    We received a discharageability complaint from the lender who financed a vehicle. The lender released the lien to the vehicle (before it was paid off) and we sold the vehicle over 2 years ago. We continued to attempt to make payments on this vehicle until we could no longer afford to do so. The lender was included in the Ch. 7 as an unsecured creditor. They're now filing a complaint that we had the intention to defraud them knowing that we were not able to fulfill our obligations to them.

    My attorney thinks its worth disputing the case as we have it was the lender's fault that they released the lien prior to the final payoff clearing the bank. We simply can't afford the retainer fee of $3k. I'm wondering if I should hire a limited scope attorney to help us draft the initial response to at least help buy some time. If I file pro se in the meantime, will I be able to hire an attorney at a later time to represent us?


  • #2
    Sounds like a Navy Fed. case. A lot of times lenders mostly credit unions do release the title before the loan is paid. If you had current Income and it had not changed then I would say your fine. They have the burden of proof so I would fight it. How much money are they coming after you for ? Have you tried to settle and make a payment plan ? We need more facts to try help .. Ps this is not legal advice
    Chapter 7 - Filed 11/28/2010 <> 341 Meeting - Done 12/28/2010 <><> Report of No Distribution 12/28/2010 <><><> 60 Day Club <><><><>Discharged 3/1/2011<>>

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    • #3
      You really should try to retain an attorney. The complaint should contain a "money" amount indicating what they want. You may find that either paying the attorney or paying a settlement is easier. While they may not have a case, you don't want to default either. Taking on a complaint (adversary proceeding/AP) is not something I recommend for a pro se debtor.

      ☆¸.•°*”˜˜”*°•.¸☆ ★ ☆¸.•°*”˜˜”*°•.¸☆
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

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      • #4
        Discharageability Complaint filed by creditor

        The amount owed on the vehicle is over $100k. The vehicle was sold over 2 years ago, we used the money to pay other bills we had. We continued to make payments to lender until we could no longer afford to anymore. Somehow, the lender sent us the lien release and we've forwarded the lien release to the new owners. The lender wants proof of when vehicle was sold, and they're also demanding information on where the money went even though it was over 2 yrs ago.

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        • #5
          3k is way less than 100k better find an attorney. Plus if they can prove the auto was still secured by the lien you could definitely run into trouble.

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          • #6
            I have to ask... a $100,000 amount owed on the vehicle? Was this a motor home or something? Wow!

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            • #7
              Yep, with $100K at stake, you best lawyer up, the $3-6K you will need to pay an attorney to help you with this is a much better option than simply throwing in the towel and letting them get a $100K judgment against you that can NEVER be discharged.

              Honestly, you won't find many limited scope attorneys in this realm, and even if you did, you wouldn't want to use them (think about how desperate that attorney is for business to need to do that, is that someone you really want to work with). If you go pro se, you might as well just sign a stipulated judgment because that is the result you would get anyway.

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              • #8
                Originally posted by Konallc View Post
                The amount owed on the vehicle is over $100k. The vehicle was sold over 2 years ago, we used the money to pay other bills we had. We continued to make payments to lender until we could no longer afford to anymore. Somehow, the lender sent us the lien release and we've forwarded the lien release to the new owners. The lender wants proof of when vehicle was sold, and they're also demanding information on where the money went even though it was over 2 yrs ago.
                Sounds like they were fools to release the lien. Did you ask them to release the lien in order to sell the vehicle? Did you promise to pay them the sales proceeds when you sold it?

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                • #9
                  My bet would be that he refinanced the vehicle with his financial institution and they released the lien.

                  This scenario happened to another user on here. I will add the link when (if) my search is fruitful.
                  ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                  Not an attorney - just an opinionated woman.

                  Comment


                  • #10
                    Double post - sorry - but I can no longer edit.

                    The other user was doomed and here is the thread about her lien that was released before her debt was paid off.

                    http://www.bkforum.com/showthread.ph...463#post483463
                    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                    Not an attorney - just an opinionated woman.

                    Comment

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