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CU repo'd boat and car case dismiss now summons

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  • sophieanne
    replied
    Johnworker1 - good luck coming in to the finish line.

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  • justbroke
    replied
    Welcome back! I just finished my Chapter 13 last May.

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  • Johnworker1
    replied
    I subsequently filed for 100% repayment and will be paid off in a few months (hopefully) and discharged.

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  • Johnworker1
    replied
    Thanks I have since found out everything you have said is true. I have a meeting with my attorney tomorrow.

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  • justbroke
    replied
    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.

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  • Johnworker1
    started a topic CU repo'd boat and car case dismiss now summons

    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

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