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Pro Se Received notices late-missed deadline to object-order granted to take auto.

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    Question Pro Se Received notices late-missed deadline to object-order granted to take auto.

    Tennessee Resident.

    Filed Ch 7, Pro Se, on 9/7/10 practically overnite after our Mortgage Lender refused our payments for 2 yrs. Forced us into default, etc. (I had disputed our closing due to major errors etc for 2 yrs). Our house was scheduled to be auctioned on 9/8/10. This has actually been settled since filing.

    We soon realized after filing we should have filed 13 in order to keep our home, auto, etc. we converted to Chapter 13 and did sucessfully. Then all fell apart, my husband had unexpected surgery, I lost my pacer privilages and was counting on mailed notices. (bad idea) Meanwhile our only financed vehicle company filed motion for relief from stay and it was granted before I received the first notice of their filing?

    vehicle finance company- Order for relief of stay was granted on 11/09/10,
    Order granting motion to convert case to 13 was granted on 11/13/10,
    Then we missed the deadline to submit our chapter 13 plan and case was reconverted back to chapter 7.

    Vehicle balance is only $3,300.00, they will NOT work with us at all. Question is do I have any quick options to save vehicle?

    And #2 question is should I, or can I, dismiss entire case and refile. Or is their a way to beg the court for reinstatement of chapter 13.

    When we first filed we only had my husbands unemployment as income. He is now fully employed with a salaried position.

    I truely appreciate any advice, trust me we would have loved to do all this through an attorney, but financially we just had to "jump" and hope for the best.

    #2
    Personally, I would no longer attempt to do this pro se. It's too easy to make mistakes. I would start interviewing a few lawyers.

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      #3
      Your only problem isn't that you missed a deadline for this, but that you haven't been keeping up with payments. Now that you can (with your husbands new job) I would call a couple of attorneys first thing this morning and ask / beg for an emergency meeting. I don't see any other way to successfully get out of this situation yourself considering that you haven't been able to manage pro-se up to this point. Good luck to you. (BTW, get all your valuables and personal items out of that vehicle pronto.)
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

      Comment


        #4
        Thanks Guys...
        Just a Note: Although we were granted/converted to a 13, we didn't miss payments since we didn't get that far.

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          #5
          I was talking about missing car payments. Did you phone an attorney or two this morning?
          Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
          I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

          Comment

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