Can I give up my car during Ch 13?

[BabyJen]

I had a Ch. 7 discharge a few years ago, then I bought a car. I then had to change to Ch 13, as I learned I had inherited property (now shown to be basically unsellable and worthless!). I have been making Ch 13 payments for 3 yrs. My car is the only thing I owe. Can I give up the car? Thanks.

[rrockinggramma]

I think you need to explain your intent a little more clearly.

You had to file a chapter 13 because you had "assets" to protect and all that is in the plan is a car? And if you give the car back, will you be done?

Is that what you are asking?

[BabyJen]

Yes, I was forced to change my Ch. 7 to Ch. 13 when my cousin infomed me she found property owned by my parents and her father (my uncle). The property, which a realtor initially told us was worth a substantial amount turned out to be basically unsellable and almost worthless. Anyway, I am unable to transfer it into my name, as it is the family trust name, but there is no signed copy of the trust and even the lawyer who drew it up years ago does not have a copy. No lawyer would help me transfer it into my name without about $3,000 up front and no guarantee of results. I have paid all creditors off except for the car; I'm making horrendous payments of $441 per month for the it, along with $50 per mo. for the BK payment. I would like to give the car back and be done with my BK. I probably owe $6,000 for the car. Thanks for responding, as my attorney is taking over 6 wks. to answer me, despite my many e-mails.

[rrockinggramma]

you can always give the car back. However if you have paid off your creditors in your plan and have not paid them off 100 percent without a discharge they will again come after you for the balance.

So I am still confused. You are paying 50 to bk court AND 441 to the creditors outside of the plan (illegal and if the trustee found out would demand it ALL back)

show up at your attorney's office to try and get an answer

[BabyJen]

Just to clarify, my car is IN the bankruptcy. I am not doing anything illegal. Of course, I want a discharge, but on my BK statement, it shows I have paid all other creditors what I owed, except for my car payment. My attorney finally answered me; he is looking into my options. Thanks for your help.