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    vehicle in 13?

    i forgot to ask my attorney. She recommended i give back our SUV and buy a smaller lower payment car. I did this, but my 910 days are not up yet. Will i still have to payback the full amount in chapter 13? Will it just get same attention as an unsecured loan? We were upside down in the vehicle before i gave it back.. I think it blue books about 18,000 and we owed 29k Please help.
    filed 13 07-31-08
    confirmed 10-28-08
    33 payments down 3 to go

    #2
    Originally posted by brokeNconfused View Post
    ...but my 910 days are not up yet. Will i still have to payback the full amount in chapter 13?
    If you bought the car less than 910 days before you filed Ch 13, then you can't "cram down" the value of the loan to the true value of the car. However, since you surrendered the car as a part of your bankruptcy, it doesn't matter. The surrendered car's lender still has to eat whatever loan value was still owed when you filed.

    Will it just get same attention as an unsecured loan? We were upside down in the vehicle before i gave it back.. I think it blue books about 18,000 and we owed 29k Please help.
    Not sure what you mean by "get the same attention as an unsecured loan"?

    Since you surrendered the car, the lender can't refuse the surrender and has to accept what you owed on the loan will be wiped out in full through your bankruptcy. Does that answer your question?
    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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      #3
      yes it does, but is that with a chapter 13 as well? This car was on a loan from credit union too where i also have a credit card with. Now i feel better and plan on filing on the credit card. they can keep the car.
      Last edited by brokeNconfused; 03-11-2008, 08:38 PM.
      filed 13 07-31-08
      confirmed 10-28-08
      33 payments down 3 to go

      Comment

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