Urgent response needed

[newstart]

I had a judgement against me for a motorcycle I purchased in 2001 for another person. I signed but they were supposed to be responsible for payments and insurance needless to say no payments were made except for the ones I had to make after I started receiving calls. Anyway they got a judgement for $15,000 and some change against me. Long before the judgement hearing the person left town with the motorcycle and needless to say wrecked of course the insurance lapsed because I refused to pay that. I also never reported stolen because technically it wasn't. So now that I have filed bankruptcy they want me to reaffirm the debt or give them the motorcycle. I will not reaffirm it and I don't have a motorcycle to give them. My whole bankruptcy was based on this judgement. Does anybody have any insight into this situation? Can my bankruptcy be dismissed because of this or will I be forced into a chapter 13? Please help.

[AAAArt]

You're in somewhat of a pickle. First off, tell the lender exactly what happened. They will prob. put a tracer on it. Also, even though this WAS a friend, you may have to file a report with the police.
Do you have an atty.? If so call them. If not, I would call the police dept. and see what they say as well as the lender on the bike.
Sorry to hear that being nice backfired on you. Art

[newstart]

You're in somewhat of a pickle. First off, tell the lender exactly what happened. They will prob. put a tracer on it. Also, even though this WAS a friend, you may have to file a report with the police.
Do you have an atty.? If so call them. If not, I would call the police dept. and see what they say as well as the lender on the bike.
Sorry to hear that being nice backfired on you. Art

I explained to the lender what happened when they took me to court. I have an attorney and he said this may be constituted as fraud because it was being used and was not insured. I don't have the bike nor did I receive any money for it. My attorney is not being helpful in anyway, he said once he receives the insurance information he will send it to them and that should be the end of it. Even if this happened a few years ago can a report still be filed? thank you for the information.

[DaBeaver]

Were you a cosigner? If the loan and bike were in your name, then it was stolen. I think you better file a police report, if it is not too late. Or are you protecting a family member? It will look fishy if you do not have a police report. I think that would be your best chance of a discharge.

When you say wrecked, does that mean it was crashed and totaled?

Good Luck!!!

[Lightning]

I don't see how you can claim it was stolen. It's more like a gift. You bought the bike for a friend. I assume this person was free to drive it anywhere he or she wanted to. So the person left town. That's not theft.

If the loan and title were in your name, it was your responsibility to carry insurance.

[butterflyness]

I don't see how you can claim it was stolen. It's more like a gift. You bought the bike for a friend. I assume this person was free to drive it anywhere he or she wanted to. So the person left town. That's not theft.

If the loan and title were in your name, it was your responsibility to carry insurance.

Yeah i agree with lightning. It sounds like a gift, cuz if it wasnt, im pretty sure you would've went to that person wanting to know why they havent paid for the motorcycle and insurance. And if they simply couldnt afford it, then you should've taken the bike from them and either pay for it, or sell it.

[newstart]

I don't see how you can claim it was stolen. It's more like a gift. You bought the bike for a friend. I assume this person was free to drive it anywhere he or she wanted to. So the person left town. That's not theft.

If the loan and title were in your name, it was your responsibility to carry insurance.

I absolutely agree with you, I can't report it stolen because it was not. I didn't give it as a gift but can not prove otherwise. My question is can my bankruptcy claim be denied and can I be charged with fraud?

[Minnymouth]

Got to agree with Lightening on this one.......
Court will probably consider it a gift, and you are responsible for the debt..........
Since it was a secured debt.... you will probably have to pay it............especially if bike is destroyed or trashed.

Sorry

Minny

[newstart]

Got to agree with Lightening on this one.......
Court will probably consider it a gift, and you are responsible for the debt..........
Since it was a secured debt.... you will probably have to pay it............especially if bike is destroyed or trashed.

Sorry

Minny

Minny,

What does that mean for my case? can I file a chapter 7 at this point or will I have to file a chapter 13? or could I just not file anything at all and stop all proceedings?

[highhopes]

I wonder if you can do a 722 redemtion without a vehicle ?

[Minnymouth]

You can only file a chapter 7 if you meet the "means test"..... if you have enough disposable income, it will force you into a chapter 13.....

I don't know what to tell you about the bike - since you don't have it you can't surrender it and its a secured debt.... this could throw you in a chapter 13.

Have you filed already?? If you deliberately cause your case to get dismissed the creditor can get a judgement against you on the bike and garnish you wages in the future.

Have you consulted an attorney??

Minny

[newstart]

I wonder if you can do a 722 redemtion without a vehicle ?

That's what began the questions my attorney said the bank called and asked would I be signing a redemption form for this debt and I said no and that's when all these other question started. Would it be in my best interest to sign a redemption form?

[newstart]

You can only file a chapter 7 if you meet the "means test"..... if you have enough disposable income, it will force you into a chapter 13.....

I don't know what to tell you about the bike - since you don't have it you can't surrender it and its a secured debt.... this could throw you in a chapter 13.

Have you filed already?? If you deliberately cause your case to get dismissed the creditor can get a judgement against you on the bike and garnish you wages in the future.

Have you consulted an attorney??

Minny

Yes I filed on October 15, 2005. Can I refuse to accept a chapter 13? Yes this information is being given to me threw my attorney.

[highhopes]

That's what began the questions my attorney said the bank called and asked would I be signing a redemption form for this debt and I said no and that's when all these other question started. Would it be in my best interest to sign a redemption form?

I really dont know, but it seems you are not going to be releived of this debt the lessor of the two evils is to minimize the amount with a 722 if possible. And pay the depreciated value of the bike instead of 15k.

[newstart]

Thanks, Highhopes I think that is the best thing for me to do if I can. I appreciate your advice.

Newstart