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need advice - repo after bk7 discharge

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    need advice - repo after bk7 discharge

    hello, i am looking for some advice. i recently had my bk7 discharged in november 2008. my mortgage was included in the bk7 and i left the house and it is currently in foreclosure. i also had a motorcycle that i still owed on that was also included in the bk. when i left my house, i left the bike there.

    now, within the last 2 weeks, a repo guy is coming around my new apartment that i moved into looking for the bike. am i still responsible for the motorcycle? am i going to have to call my old mortgage company to find out what they did with it? from what i know, the motorcycle is no longer in my old garage, i am unsure where it went or who took it or when it was taken. i thought all my troubles were gone, but now this came up and is causin me headaches!

    thanks for your advice in advance.

    #2
    Originally posted by ajg238 View Post
    now, within the last 2 weeks, a repo guy is coming around my new apartment that i moved into looking for the bike. am i still responsible for the motorcycle?
    Assuming you stopped making payments on the motorcycle loan, then you aren't responsible for paying the motorcycle loan debt - that was discharged in your 7. However, you were responsible for turning over the asset to the lender if they asked for it.

    Leaving the motorcycle in a surrendered home you moved from where you had no control over was a bad idea. The lender now wants their secured property back, but now you don't know where it is. I'm sure the repo guys hear that all the time. Would you believe it if you were the repo guy or the lender?

    am i going to have to call my old mortgage company to find out what they did with it?
    You can try, but since you abandoned the motorcycle on their property when you surrendered the home and moved, you aren't operating from a strong position here.

    If you filed with a lawyer, contact him/her. They may be willing to give you free advice about what your options are in this situation, although since you are closed, you may have to pay for a half hour of his/her time to get your answers.
    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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