At Wits End

[teerx79]

I filed Chap 13 on Aug 6 after a year of divorce litigation. The cheating ex was to refi all her debts out of my name but still hasn't done it. So, when she is late, it trashes my credit and creditors come calling.

I spent thousnads taking her back to court for contempt, but the case is tossed as she doesn't have the means nor credit to refinance house, two vehicles, loans, etc. (SHE IS AN RN-clears $90k a year)

BK lawyer advises to get a cash car as I am not re-affirming my car. So I do. And I find out today, USAA will not pick up my voluntary repo unless the BK court orders it. Add insult to injury, they will not pick up the other cars as they are jointly owned, though I am primary.

So, now for the next 5 years, I am paying back $813 month, court and lawyer fees. I have 2 vehicles I have to insure. I now have 0 disposible income. I hate my profession, been doing it over 22 years.

I am at a loss..........

[whipster1]

Not sure what the question is, but most here are going thru a bad time so don't feel alone.

Make sure that the "ex" is included as a creditor in your BK.

USAA will get the picture once they stop getting paid. Park them somewhere where the wrecker can get to them and tell your lawyer to send USAA the keys in the mail.

Why is your payment so high if you are getting rid of everything?

[kenshirley]

Tell them you don't want the car and you are canceling the insurance and turning in the plates. Keep in on your property and tell them to come and get it!
B of A did not want to take our motor home either but the plates were coming due at $900+ as was the next year of insurance.
I drove it to the nearest B of A, walked in and threw the keys and registration on the desk with a copy of my last statement showing the account number.
They said "but you are current, you don't want to do this". I told them it was simple, we were now reduced to retirement and could no longer pay for it and we were going to have to file BK shortly and I no longer wanted to be responsible for this unit or the payments.
They put me on the phone with some rude woman who starting telling me what I "had to do" and I told her "you know what, our minds were made up what we had to do before we drove the thing to you bank." I then hung up and looked at the manager and told him it was all theirs.
You can dictate how things happen.

[2manybills]

My attorney told me of a case that he once handled where the car company would not pick up the car, the client called and said if you don't pick up the car, I'm going to leave it in like the worst neighborhood ever with the keys in it. They came out the next day for the car.

For us, we had no problems with Toyota. We voluntarily surrendered a car. As soon as I called, they called me back with an appt. to meet the tow truck driver because I didn't want him picking up the car at my house.

[teerx79]

Thanks you all. I enjoy your ways of giving the system their due. It seems helpless at this point. Really, I didn't have a question. Just looking to share, I know we have similar nightmares. Thanks for the input.

[OhioFiler]

I filed Chap 13 on Aug 6 after a year of divorce litigation. The cheating ex was to refi all her debts out of my name but still hasn't done it. So, when she is late, it trashes my credit and creditors come calling.

I spent thousnads taking her back to court for contempt, but the case is tossed as she doesn't have the means nor credit to refinance house, two vehicles, loans, etc. (SHE IS AN RN-clears $90k a year)

BK lawyer advises to get a cash car as I am not re-affirming my car. So I do. And I find out today, USAA will not pick up my voluntary repo unless the BK court orders it. Add insult to injury, they will not pick up the other cars as they are jointly owned, though I am primary.

So, now for the next 5 years, I am paying back $813 month, court and lawyer fees. I have 2 vehicles I have to insure. I now have 0 disposible income. I hate my profession, been doing it over 22 years.

I am at a loss..........

You have to look at things in a more positive light. YOU HAVE A JOB! Many folks have lost their jobs with little hope of ever gaining similar employment with the same wage. That is a big plus for you.

I don't know the ramifications of your divorce and the USAA position on your loans regarding a Chapter 13. I suggest you spend time on that forum asking questions and researching. I'm sure you're not the first person to deal with this situation.

Your life situation will improve. You can move the process along faster if you maintain a positive attitude during this difficult time.

Best of luck to you!