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Family Lien Question in Chapter 13

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    Family Lien Question in Chapter 13

    Thank you in advance for your replies. Great forum. I am planning on filing Ch 13. Our only assets are 2 vehicles that are secured by a promissory note/ family member lien that was prepared by our atty dated Oct 5, 2009. My father loaned me money and the lien is attached to both vehicles.

    The date of the promissory note is dated Oct 5,2009.
    The title has the 1st lien holder with the date Oct, 5 2009.
    The paperwork was received at the tax collector on Nov 1, 2009.( I called to get this)
    The issue date of title for 1 car is Nov 9.

    The issue date of title for 2nd car is Dec 2.

    We are close to filing but want to make sure we wait the 1 year look back period to make sure the liens are used in calculating our payment in Ch 13. I have 2 questions related to this. What is the effective date of the lien that they will use for the 1 year lookback? Oct 5(origination date), Nov 1( document receipt date), or Dec 2(title issue date)?


    Does the 1 year look back period begin from when we retain a lawyer or from our filing date?

    Any advice or thoughts are appreciated. Thanks.



    Paperwork reecieved date by tax office 11/3

    The issue date on the title is 11/3 (12/2 for the boat)

    #2
    Your question is a very specific one so that's likely why you haven't received any answers. This is a question to ask your lawyer who is familiar with what your trustee has done if he/she has been confronted with this unusual situation before.
    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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