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    Weird situation/ need some advice

    To make a long story sort the original filing had my auto claim in it , my lawyer didn't notice till late that the auto lender didn't file a claim, the filed a motion for relief and my lawyer didn't show the obviously granted it to them well one week later today actually the came and repoed the car and I'm sure damaged it but what neighbors told me anyways is there any way this can still be worked out and I can get car back

    #2
    It's up to your attorney to tell a very good story. It reads as though (a) the auto was not included in the confirmed plan and (b) the Chapter 13 Trustee wasn't making payments of any kind to the automobile. Your attorney would need to work something out with the lender. I would go to my attorney's office in the morning and wait for them to meet with you. From everything you wrote in earlier posts, the lender/creditor appears to have done everything by the book by obtaining relief from the automatic stay.

    Personally, I would make sure my attorney provides an adequate response and strategy.
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      I defiantly will be for sure thank for the reply

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        #4
        Also if I just can't get it back how hard is it to get a new loan while in a chapter 13 then ?

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          #5
          Originally posted by Edocil View Post
          Also if I just can't get it back how hard is it to get a new loan while in a chapter 13 then ?
          You need permission and it will depend on other factors including your credit score, debt-to-income ratio, and income.

          I'm sorry this happened but my initial thoughts is that someone completely dropped the ball on this.

          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

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Yes I'm assuming my lawyer I have been very clear that I want to keep this car from the cer beginning

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