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CU repo'd boat and car case dismiss now summons

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    CU repo'd boat and car case dismiss now summons

    Hello
    I was in a Chapter 13 for 48 months. Car, personal loan, and boat were financed through CU. They repo'd boat and car and sold them. My case was dismissed after I made my 48th payment about 9 months ago. I received solicitation junk mail from attorney a few weeks ago stating the CU was filing a lawsuit. Just 2 days ago was served for a court date next week (short notice). I am wondering is this a threat tactic or can they get a judgement for the debt? Three of my other consumer debt accounts (non CU) is with a collections company that says because of the age of them they can't sue and won't make changes to my bureaus. My attorney wants to file another BK. Are there any other options?
    Thanks

    #2
    You were served a lawsuit? That's not puffing and that's not a threat; it's a lawsuit. Govern yourself accordingly.

    The facts are simple and that is that you are now an actual party (defendant) in a lawsuit to recover money. Your choices are to fight the lawsuit or file bankruptcy. The lawyer seems to think that filing bankruptcy is the better option. I am unqualified and under-informed as to what you should do. The facts looks plain and simple; property was repossessed, property sold for less than value, lender is now suing for deficiency, and lender is very likely to win a deficiency lawsuit.

    Unless you're uncollectable (for a judgement) then you will need to consider bankruptcy and all the baggage that comes with filing again.
    Last edited by justbroke; 03-23-2017, 03:14 PM.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.

    Comment


      #3
      Thanks I have since found out everything you have said is true. I have a meeting with my attorney tomorrow.

      Comment

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