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Discharge Entered Today!! But what about our vehicle?

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    Discharge Entered Today!! But what about our vehicle?

    Our discharge was entered today and we should get our papers next week (YAY!!) But in our Chapter 13 we kept a vehicle and the court deemed the value way lowered than what we owed, so we have been making those payments through our bankruptcy. My question is once we receive our discharge papers can we go get our vehicle title from the lender? Thank you

    #2
    Congratulations on a Chapter 13 discharge!

    From experience, you may or may not receive the title automatically. I would give the lender at least 30 days after the discharge to get the title. If they don't get it back to you within 30 days, then call (and write them by email, fax, snail mail) and demand the title.

    I had some issues and the lender even lied to me. They told me the title was lost and I called and said they had to send me something that showed it paid so as to remove the lien. Just about 7 days after that, the "lost" title arrives in the mail. I think they'll say anything to get you off the phone, but I was persistent, demanding, and let them know that I was just a couple of days away from reopening the case and seeking sanctions.

    Your mileage may vary. (Pun intended.)
    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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      #3
      Thank you so much for all of your help😊

      Comment


        #4
        Congratulations on completing your plan. Enjoy your financial freedom! I’m
        Filed Chapter 13 - 07/20/12
        Discharged 8/2/16

        Comment


          #5
          Congratulations on the discharge and completing your 13!

          Comment


            #6
            I have a question off of this topic. I have one car will be paid off before our Chapter 13 is discharged. We pay it outside the plan. We will get a title when it's paid off? We have another car that we will still have payments on, making outside the plan, which will NOT be paid off, what happens ? Will they just continue with the terms of the original loan until it's paid off. Unfortunately, I have been late on the payment a few times since BK13, but it's only a day or two based on my pay day and when the loan is due and once I was late since I put the payment in after 3 pm on the day it was due. I have some outstanding late fees. I intend to get this all cleaned up when our mortgage is paid and we have more money to use. Just a little whine. I feel like the amount we have to live on was barely enough and now that I don't have work on the second job it's even harder. I think I won't have work on the second job throughout the rest of the year until Covid19 is under control. It's bad in nursing homes and I hope it doesn't spread into the community now that everyone is feeling like it's over because the risk groups catch it so easily.

            Comment


              #7
              So long as you didn't cramdown the car you should receive the title and/or a "satisfaction of debt" letter. If you're paying outside the plan, then you likely didn't cramdown so I would wait for the title/letter. You may need to wait several weeks to see if it's sent automatically. Personally, I called them 1 week after discharge to get the ball rolling.

              For the other vehicle that won't be p aid off, you just continue paying. Your debt exceeds the length of the plan so you pay that as if it's not protected by the bankruptcy... because it isn't. (Lender likely filed a motion for relief, or your district automatically provides relief for those items "not" included in the plan.)

              Please try to keep everything clean and up to date. There's nothing worse than getting to discharge and the creditor claims all sort of late fees, attorney fees, and any other fee they can think of.
              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.

              Comment


                #8
                I am definitely making every effort at this point to pay that car payment on time and since they don't accept a larger payment towards any late fees I haven't dealt with that issue. Once the house is paid and we have more cash available I want to call them and figure out how to pay those fees. If I just make a larger payment they put it towards principal. I really miss getting paid twice a month on the 15th and the last day of the month that is when I did my budget best, when it hits every other week I feel like I am chasing my tail.

                Comment


                  #9
                  Originally posted by Carmella View Post
                  I really miss getting paid twice a month on the 15th and the last day of the month that is when I did my budget best, when it hits every other week I feel like I am chasing my tail.
                  My wife gets paid twice per month, I get paid every two weeks; yeah, budgeting can be a bit of a pain, but hey, those two months per year when you get three pay checks are awesome!
                  Latent car nut.

                  Comment


                    #10
                    Originally posted by shipo View Post
                    My wife gets paid twice per month, I get paid every two weeks; yeah, budgeting can be a bit of a pain, but hey, those two months per year when you get three pay checks are awesome!
                    Yes that's true. But I like to pay the bills online and schedule them and when you know it's the same days of the month you know the money will be there. I get paid on Friday, which is another thing I do not like. I preferred the jobs where I got paid Wed which was most of my jobs. I could schedule bills online to be paid Thurs of Fri, but at this point getting paid Friday I have to wait until Fri to pay some since some companies pull the payment earlier than the checks is deposited. My husband gets paid every week on Thursdays, but we usually use his check for the weekly stuff with groceries, gasoline, etc as well as the a few automatic payments we have for the car insurance or cable/internet.

                    Can't wait until BK is done. I think it will be so nice to be able to use our money for what we need and to save money and not worry about living paycheck to paycheck which is what we've been doing a few years before BK and will continue for a while.

                    Comment


                      #11
                      Originally posted by Carmella View Post
                      Can't wait until BK is done. I think it will be so nice to be able to use our money for what we need and to save money and not worry about living paycheck to paycheck which is what we've been doing a few years before BK and will continue for a while.
                      I completely understand that; since I made my final Chapter 13 payment in early February I've opted to stay in "Chapter 13 austerity mode"; the only difference is I pay my savings account instead of paying the Trustee. My plan is to keep this up for another two or so years and save up enough for my wife and I to buy a townhome to live in for our retirement.
                      Latent car nut.

                      Comment

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