Vehicle Question

[po man]

I was discharged in 11/2007 from a hybrid 13. In that I agreed to keep a new truck I had just purchased in 12/06 just before filing. Agreeing to keep the truck, I never signed any reaffirmation papers and it has yet to ever be placed on my credit report.

Is the truck actually covered under my bk to where I can turn it in and they can't do anything about it?

Would it remain off my credit?

I don't want to get in trouble with the trustee or get sued by the bank.

Any suggestions

[Flamingo]

I am assuming from your posting that you paid your truck payments outside of your Chapter 13 Plan. While the truck was part of your Chapter 13 plan, the truck is yours and if you paid it off during your plan you would have received the title from the bank. Did you check all 3 of your credit reports? Your credit reports may state that it was included in your bankruptcy (which it was) but you can usually get that changed to indicate a regular account with all payments made on time (if you had late payments prior to or after your BK, you cannot get those changed).

If you turn the truck in now, you will have a discharged Chapter 13 on your records and then a repo following bankruptcy.

[justbroke]

As Flamingo wrote, unless you paid off the truck during the Chapter 13, or subsequently after it completed, discharged, and closed, then you are responsible.

So, the key is, was it paid off and do you have the title?

By hybrid, do you man a Chapter 20 (a Chapter 7 followed by a Chapter 13)?

[po man]

Flamingo the truck was listed in my bk and I continued to make the payments on it outside the plan. Since I purchased the truck I have not had anything on any of the three credit reports. My truck is not listed at all. When I apply for credit now it does not show on my report. Thats because I filed and it was listed in my bk prior to it being reported by the bank. The truck is not paid for. Listed in bk but no reaffirmation papers were signed.

Justbroke

Link to the Hybrid 13 plan. Filed and discharged as a Ch13. Never converted.

http://www.bkforum.com/showthread.php?t=12136

Thanks

[Flamingo]

I believe you are responsible for the vehicle since you were making payments outside of the Plan and continued to do so after your discharge for almost a year. I reviewed your "Hybrid" plan and note the date of filing and date of discharge and if I were you, to be on the safe side, call up the attorney who handled your Chapter 13 and ask him/her. I believe if you let the truck go, you will have a repo eventually listed on your credit reports along with the discharged Chapter 13.

You can never rely on credit reports - We have had stuff disappear for over a year and then return the following year and all sorts of other bizarre stuff appearing and disappearing.

[justbroke]

I believe that po man is responsible too. A Chapter 20 (or "hybrid" Chapter 13), doesn't get rid of liens on secured property.

Liens survive any Bankruptcy, so unless you paid the underlying loan/note/mortgage, the lien still exists and is enforceable. (In limited circumstances, you can avoid liens or otherwise cramdown the balance on a lien in Chapter 13.)

Still interesting... to call it a hybrid Chapter 13.

[po man]

Thank you both