after chap 13

[crawdad]

my br is discharged as of 11-08, i still have the vehicle that was part of it.
..it was financed and i did not try to keep it..
i have not heard from anyone about what to do with the vehicle..

is it mine?

can i charge for storage if they call tomorrow wanting it?

can i sell it?

help!

crawdad

[liz417]

Why not call them to come pick it up? No, you can't charge them "storage" and/or sell the vehicle because although it is in your possession, legally it is no longer yours. I'm sure the loan company/bank is just back logged with repos/bk's etc right now with all the recent financial problems.

[crawdad]

not my job...

hi,
i aint calling anybody about it...i did not think it was my responsibility.

i am still driving it....

just was curious as to what my rights were and how long i have to wait if they dont call or contact me..

i have not heard a peep.

i live in alaska

crawdad

[optimistic1]

Unless you have the title, it is not yours, for all you know, its reported stolen by the lender, you had better call somebody, before you end up in court.

[crawdad]

hi,

if they reported the vehicle stolen, then that would be a crime. filing a false police report is illegal in most states...

i have possession, i have registartion, insurance and tags...

its their responsibility to communicate with the court is it not?

i think i should be getting storage fees since the day it was discharged..i figure $25 a day is fair..

in alaska if you leave property for 7 months you can keep it..

maybe i could file for abandon vehicle and get the title?

thanks

[arkienurse]

Ok, Crawdad, I am a bit confused here. Are you actually saying that no payments were made by the trustee the entire time you were in your chapter 13? And yet the lender never repo'd it? If you paid the secured portion, they have to forgive the unsecured portion, and should be sending you a title. Were you in a 3 yr bk, or was it longer? Did you sign an intent to surrender when you first bk'd? we did on our ATV. But the company filed a claim and actually got their money, so if they showed up to get it, there would be a fight from us.

[crawdad]

i guess it was a chap 7

i guess it actually was a chapter 7..

thanks

crawdad

[arkienurse]

i guess it actually was a chapter 7..

thanks

crawdad

Oh, that makes some sense then. From what I hear, it can sometimes take a month or so for them to get around to repo. Drive it if you want, just always have a backup plan to get you home from wherever you are at, and never ever leave any personal items in the vehicle.

(and you might get more input in the Ch 7 area of the forum)

( and welcome, enjoy your stay here )

[crawdad]

so they can just show up and take off with it?

i dont think i will return it unless they pay me $25 a day since the discharge

i am not their friend...

thanks for the reply...

[optimistic1]

hi,
no i think you have been smokin something...

if they reported the vehicle stolen, then that would be a crime. filing a false police report is illegal in most states...

i have possession, i have registartion, insurance and tags...

its their responsibility to communicate with the court is it not?

i think i should be getting storage fees since the day it was discharged..i figure $25 a day is fair..

in alaska if you leave property for 7 months you can keep it..

maybe i could file for abandon vehicle and get the title?

thanks

You dont own it until you have a title. Good luck in Alaska

[Trixie007]

so they can just show up and take off with it?

Yes. You didn't reaffirm and aren't making payments? Then yes, they can just show up and take off with it, you have no ownership interest!

i dont think i will return it unless they pay me $25 a day since the discharge

I don't think you have a choice... Those repo guys don't take any cr*p, and I'm sure they're used to people not wanting them to do their job! Thanks for the laugh, though!

[jgordo52]

I personally think it would be funny if the repo man wanted to charge you a renter fee since you are still using it if you want to charge him for storing it, but that's just me.

[crawdad]

i think we will just file for abnadon property and go after title..

they wont get the vehicle until they pay me storage of $25 per day or else it is abandoned.

I have rights too.

MAN!

[woeisme]

Good luck with that. You may think you have "rights" to it, but won't hold up in a court of law. Neither will your "storage" fees, because if it was really a problem to "store" it, you could have taken it to where you bought it and dropped it off at any time.

[crawdad]

man there are some real genius's on this bb!

lets see...i get my bk discharged in nov...this is the middle of jan...

i bought the vehicle in the lower 48...i dont see how dropping the vehicle off a the dealership is even anywhere near a good idea...what do they care? they were paid the day i drove it off the lot..have not even heard from them since...so lets see, i drive up and say what? hey i filed bk and wanted to leave the vehicle with you? HUH? thats the dumbest thing i have heard in a long time...

it is a problem storing it...i got no instructions from the court, my lawyer or the lien holder..like i said i am not responsible to take care of this vehicle at my own expense...thats ridiculos...in alaska if a vehicle is left on another persons property for 7 months it becomes the property of the landowner...PERIOD!

so since i filed bk i am free to be shXt on by anybody and everybody? BS.

they did not even show at the creditors meeting.

i think i may just sell it off for parts..

crawdad