Chapter 13 help!

[Edocil]

Hello new here , so to make a long story short , I filed chapter 13 bankruptcy , auto loan is co signed with someone that didn't file , the auto loan company didn't file a claim , then .you lawyer missed the deadline to file a claim on there behalf claiming the didn't have all the info, then the get ahold of the auto loans lawyer he agree to file a late claim.... he doesn't do this and Indstead files a motion for relief . So I have two questions . 1 is there anything I can still do to keep the car as I really need it for work and to make this plan work . 2 . Do the motions always go trough

[Edocil]

Also northern Indiana if that matters

[justbroke]

Yes. Your attorney can file a claim on the auto lender's behalf. The attorney can also defend the Relief From Automatic Stay (RFS) by showing that the lender didn't file a claim and that the attorney has contemporaneously filed a claim AND PROVIDED FOR THE LENDER in the Chapter 13 Plan.

Even if the lender gets the RFS, it would not be repossessed unless there are no payments. The lender would go after the co-owner. If this is just a co-signer, that may be a little complicated if the RFS is granted since a "co-signer" is not usually on the title (has no ownership interest).

The attorney can still file a late claim and file a modified Chapter 13 Plan providing for payments to the auto lender/creditor.

[Edocil]

Okay so a little more Info I think is needed my lawyer has not filed any claims for them yet . Yes they said something about modification of plan to allow me to cure the back payments and allow me to make direct payments I'm just freaking out because I need this car for the plan to , is co owner and co signer. Thank for your response I'm super stressed about this I feel like my lawyer dropped the ball on it early on there a bigger firm and just don't explain things very well at all , like how do I cure payments if all my money goes into the plan , I'm super worried about losing this car . I stopped paying it because they told me to I should have just kept paying it I'm assuming . Do they usually get the rfs is we show they didn't file a claim and we want to work out a way to get them paid and keep the car .

[justbroke]

First, the car should always be in the plan. That means that it is "provided for" in the Chapter 13 Plan of Reorganization. This is regardless of the fact of whether the loan is paid "inside" or "outside" the plan. (Inside means the Trustee is paying the lender, and outside means the debtor pays directly.) If a creditor is not provided for in the plan, that creditor should get relief form the automatic stay. For a secured creditor this can be problematic, so to protect their interest in the vehicle (the secured debt) they file an RFS to pursue any outside remedies.

However, you are paying and there is a co-owner on the title. The creditor would not repossess because the co-owner is legally responsible even if the debt is discharged. I don't think the creditor would do anything, but if you have been paying "late" (after the normal payment date), the creditor should be very concerned and I understand filing an RFS to protect their interest in case you start missing payments.

If you have already missed payments, then the creditor definitely should get an RFS and seek to repossess the vehicles. The Chapter 13 only protects secured creditors when they are (a) provided for in the plan, and (b) are receiving timely payments from the debtor (or payments from the Trustee).

[Edocil]

Ahh okay thank for explaining that it was to Included in the plan originally , they just never filed a claim . Then my lawyer failed to meet the deadline for filing on there be half. They said they would file a late claim but then two weeks later file a cfor rfs . So by not paying as the lawyer Instructed to I'm screwed aren't I. My lawyer claims we will file a modification to allowed me to cure the default but as of now no payments have been paid the auto for six months. Thank for taking the time to explain

[justbroke]

No. Your attorney can file a late claim. It's for a secured creditor and since your attorney files it you (your attorney) won't complain that it's late. If it's provided for in the plan then your attorney should be able to fix this.

If it was in the original plan, then I don't know why you need to file a modification.

if it was not in the original plan then I can see the need to modify the confirmed plan.

All of these things can be fixed. They will include the arrears in the plan and come up with some way to fix something known as the "adequate protection." Something that you don't need to worry about, but this is correctable.

[Edocil]

Thank for your reply you have put my mind somewhat at ease

[justbroke]

So long as your attorney is on top of the RFS motion and is working with the Trustee, this shouldn't be an issue. Most things can be fixed in a Chapter 13.