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BK Discharge filed this month....Auto accident totaled my vehicle

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    BK Discharge filed this month....Auto accident totaled my vehicle

    My BK is being discharged this month and I am no longer required to make monthly payments to the trustee. I was just in an auto accident and the party that hit me is claiming liability. My vehicle was totaled and the insurance company made a monetary offer for the vehicle. Chrysler Corp is still listed on the title as lien holder but the vehicle was protected by Chapt 13 fliling 5 years ago. Here's my question:

    Will the insurance company pay Chrysler Corp, the BK trustee or me?

    I thought that I would be entitled to the $$ since I completed my obligation under the BK payment plan. However, the filing of my discharge is still pending.

    Any advice?

    #2
    I would contact your bk lawyer or the trustee directly and ask them. Since you have made your last payment, it is my understanding that you are under no further obligation to the trustee and the money for the car should be yours.
    Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
    Plan Confirmation 6/16/06 :yahoo:
    Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

    Comment


      #3
      I agree with Aa's line of thinking, but,..........

      And I don't know for sure. Just a guess here on my part.

      With the way the Court works, the Trustee might want that money sent to him/her. After the Trustee does the Audit to finalize your Discharge and Close your BK, you'll be refunded the additional monies at that time.

      Wouldn't surprise me none if the Trustee takes the money just to get his/her cut of it.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment

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