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Advice Needed...Ch13 Discharged but Finance Company will not turn over title

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    #16
    I am sure that you will update us on what happens at the hearing. I would love to hear that the CU did not show up and that the Judge slapped them with sanctions and make them pay all your legal fees!
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #17
      Have any of you ever heard of this happening before? Everyone dealing with the case say this is the first for them
      48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
      Just when I thought it was over; BOOM in my face-->I owe more money

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        #18
        This is not a first but it is relatively rare. There have been several, here on BKForum, where the lender would not release the lien unless the debtor paid. The results vary, but your particular case is different. In your case, your attorney had an order issued demanding either releasing the vehicle or returning the money paid over the life of the plan. That may be a first and I actually like the judge that signed that order!
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #19
          okay, thank you
          48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
          Just when I thought it was over; BOOM in my face-->I owe more money

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            #20
            2 days until the hearing; the outcome will be interesting
            48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
            Just when I thought it was over; BOOM in my face-->I owe more money

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              #21
              Waiting for info............I'm ready for this to be OVER
              48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
              Just when I thought it was over; BOOM in my face-->I owe more money

              Comment


                #22
                Originally posted by Motivatedx3 View Post
                Waiting for info............I'm ready for this to be OVER

                My too....just as good as reading a thriller.... the suspense is killing me (lol). Hope the finance company gets socked.

                Comment


                  #23
                  Still waiting;
                  Question: If I'm ordered to return the vehicle and the finance company returns the funds to me, will this reflect as a repo on my credit report? Its listed as paid in full now under the wage garner plan.
                  48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
                  Just when I thought it was over; BOOM in my face-->I owe more money

                  Comment


                    #24
                    Wasn't the hearing yesterday? Enough what ifs. Call your attorney and find out what happened.
                    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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                      #25
                      Those are my thoughts/feelings as well LadyInTheRed. I didn't have to attend the hearing AND after calling the attorney's office Wednesday, Thursday and Friday...I was told the judge ruled in my favor and I would have to call back on Monday to get more information. Patiently Waiting!
                      48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
                      Just when I thought it was over; BOOM in my face-->I owe more money

                      Comment


                        #26
                        My fingers are crossed for you x3.
                        11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

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                          #27
                          We're all waiting with you....
                          "To go bravely forward is to invite a miracle."

                          "Worry is the darkroom where negatives are formed."

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                            #28
                            Ruling in your favor is good news. Can't wait to hear the details!
                            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!

                            Comment


                              #29
                              Update: The creditors' attorney was not present in court last week. My attorney will submit another motion to the judge in hopes of getting the creditor to comply within x amount of days. At this time, the creditors' attorney has not responded to anything. I requested the final Trustee report be sent to the creditors' bk department after my conversation with their (creditors') representative.

                              This has been stressful for me. I filed CH13 to keep this vehicle, made the payments under wage garnishment and 5 years later I'm still fighting to keep the vehicle.
                              48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
                              Just when I thought it was over; BOOM in my face-->I owe more money

                              Comment


                                #30
                                What was the judge's ruling?

                                Comment

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