Capital One Auto.

[KhaosMode]

Filed Chap 7 Feb 2022, surrendered the car, had 341, discharged May 2022. Was told to clean out the car and get it ready for pick up, they never came, I have emailed the lawyer repeatedly and they keep reaching out but Capital one has not come. It is now June 2023 and we still have the car, they refuse to come and get it. Now the lawyer is willing to do a motion to redeem it will cost me $1000.00 plus the $500 for the car. I said fine. This was in Feb of 2023...never heard back from him. Asked him again a month ago, he gives me the same speel $1000 and $500 for the redemption. Then tells me, since we want the car gone ( my husband can no longer drive his car due to a injury sustained while on active duty) if we will sign the title over to him and he won't charge us, and he will foot the redemption fee since he has a brother that owns a car lot. I said no I will pay it, and the $500 redemption fee...haven't heard from him since and the car is still sitting here. I have all the emails from all of his staff I have spoken with that are no longer with the company. What recourse do we have? It is running, 2015 Chevy Impala.

[justbroke]

That is the strangest bankruptcy attorney story that I have heard.

Maybe despritfreya has a strategy for you. Maybe you could ask the lender for the title or to release the lien. Seems that the lender just doesn't want a $500 car. It's not worth their time but they shouldn't hold you hostage.

[KhaosMode]

I would gladly send a remediation letter myself if I had one or even a template. The issue with the lawyer is a big red flag to me. I don't understand why I have to pay him an additional fee when it was part of the BK he did and I have been in touch with him since before the 341 meeting and every month ever since. My gut is telling me it isn't right but I could be wrong.

[despritfreya]

The redemption angle is a good one. The cost of the Redemption Motion depends upon what OP's fee agreement with the attorney states. Further, I assume the case has been closed (Chapter 7 filed over a year ago - if a no asset case - should be closed). There is a reopening fee which may have been included in the $1,000 charge.

Debtor's counsel asking for the signed title in this type of a situation is, to me, an ethical problem for the attorney. I would need to know who the attny is as there are several in the District that are under the scrutiny of Judge Collins (DPC) and the Office of the UST. If OP can get a private message to JB then JB could private message me I might be able to determine if OP's attorney is a target of the powers that be. KhaosMode its up to you if you want me to have this information.

Des.

[justbroke]

KhaosMode doesn't have enough posts for PMs, but I sent a PM to them so they could respond directly to me.

[KhaosMode]

I received the message but I get the not authorized to post message.

[justbroke]

I received the message but I get the not authorized to post message.

I think it won't let you send a private message until 10-15 posts. I was wondering if it would let you reply to me, but that seems like it doesn't work.

[KhaosMode]

Would email be an option?

[justbroke]

Would email be an option?

I'll send you a Private Message with the address.

[despritfreya]

I will wait for JB's message to me. At no time will I post the name of the attny. I will just let you know if I am aware of him and/or any review by the UST or the judge. I may not even know the attny.

Des.

[KhaosMode]

Thank you. I sent the email. Anything you need I will get foe you. I just need this over with.

[justbroke]

Sent to despritfreya via private messaging. I'll let you know KhaosMode.

[KhaosMode]

Thank you both so much

[despritfreya]

Sent to despritfreya via private messaging. I'll let you know KhaosMode.

I responded.

Des.

[justbroke]

Private Message sent to KhaosMode.