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What will happen to my car when my Ch 13 is discharged?

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    What will happen to my car when my Ch 13 is discharged?

    I'm 50+ months into a 60 month plan. Back in 2006 (approx 2yrs prior to filing) I financed a new car thru a major bank. According to the 13Network it looks like my car is scheduled to be paid off 100% inside the plan. I read various bankruptcy related discharge articles around the internet. A few of them disturbed me when I read the paragraphs about banks rejecting the discharge then repossessing the car unless the debtor agrees to pay the rest of the loan, in my case nearly $5k + interest. None of the articles specified what type of bk they were referring to. Is there any truth to this....can the bank really repo my car even when the scheduled amount is paid 100% inside the plan? Somehow that doesn't seem fair but then again it isn't fair that Cap One loses $5k + interest b/c of my stupidity.
    I would ask my attorney but I don't want to seem stupid.

    #2
    If you have paid your car loan in full, either inside or outside of the Chapter 13 plan payment, the car belongs to you. The lender no longer has a lien and they must issue a title to you. If the loan balance was subject to "cram down" as part of the Chapter 13 plan, the lender has no choice but to accept the fair market value of the vehicle - they cannot demand payment of the full balance.
    Bottom line - the only way that a lender can legally repossess a vehicle is if payments have not been made. You will not receive a discharge under Chapter 13 if you have missed any payments to the lender that were supposed to have been made outside of the Chapter 13 payment plan.

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      #3
      Originally posted by glassmoon View Post
      I would ask my attorney but I don't want to seem stupid.
      It is not stupid to ask your attorney a question. You pay an attorney to know things you don't know. Don't be afraid to ask whatever questions you have about your BK and what creditors can and can't do.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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