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Vehicle Charge Off and Chap 13

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    Vehicle Charge Off and Chap 13

    Good morning all. Just have a question about a vehicle charge off. My car was repo'd in September, I received a notice of sale (private) and a deficiency balance at the end of Oct. I've since pulled my credit report and Wells Fargo has now listed it as a Charge Off. Does this mean that they have sold it to an outside collections? Also, who do I list this account during the Chap 13 process? I have not received any notices from any collectors for this account, yet. Do I wait to file until I'm notified by the collector on this account?

    #2
    Originally posted by nojusticehere View Post
    Does this mean that they have sold it to an outside collections?
    Yes. Your original creditor has sold your debt to a collector.

    Also, who do I list this account during the Chap 13 process?
    The original creditor should still be included on your creditor list. If you know the collection agency they sold the debt to, it is listed as well.

    I have not received any notices from any collectors for this account, yet. Do I wait to file until I'm notified by the collector on this account?
    Contact your original creditor to find out who they sold your debt to. In Ch 13 it's best to include the collections agency if you have that information so they receive their own notice that you filed and can't claim they weren't notified.

    Have you set up your free or low-cost bk lawyer initial consultations yet with 3-4 lawyers in your area? If you haven't, then now is a good time to get that started.

    If you've already retained a lawyer, then this is a good question to ask. You don't want a creditor or collector filing an objection stating they weren't notified of your filing.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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