5th Wheel Repo and So Cal Weather

[BobMango]

I have a 5th wheel trailer that I am not reaffirming. I called the lender to let them know I wouldn't be keeping it and where it's at just after I filed. They indicated they wouldn't do anything until after discharge, apparently not interested in filing for a lift of the stay.

All that I expected. What's changed now is that the trailer is parked at my sister's place in So Cal and last night they had a bit of a mudslide. The trailer now sits in about 3 feet of mud, basically to the bottom of the entry door. It's going to be a bear to get out of there. Don't know if there is any damage to the unit but I imagine that there will be problems since the axles (brakes and all) are buried under mud, and I assume we could have mud oozing up from the bottom.

I keep laughing because the lender was one of the more insulting, annoying and persistent collectors before I filed. And I was only 1 month behind when we filed.

I have maintained insurance on it, but I'm wondering what responsibility I have at this point? Will I be responsible for a deductible? or would it be charged against my sister's property insurance?

[tigergem]

Don't those things have plywood floors? lol.

Sorry I don't have answer to your liability question, but I think it is pretty funny that they were too lazy to go get it when you made it available. I guess that serves them right.

I do feel sorry for your sister, though. Hope she gets bailed out of there ok.

[albacore44]

well since the loan will be discharged in you BK, i dont believe your responsible for it no matter what condition its in. sorry you could not keep it. I have a 32' Weekend Warrior, which is paid off and i'm keeping it under the California wild card exemption.

[BobMango]

well since the loan will be discharged in you BK, i dont believe your responsible for it no matter what condition its in. sorry you could not keep it. I have a 32' Weekend Warrior, which is paid off and i'm keeping it under the California wild card exemption.

Thanks albacore, I was considering trying to hang on to it, but it is upside down and I really don't need the stress. GEMB has been such a pain I am really glad to be done with them.

[JackBondLove]

Excuse me for asking, but what is a 5th wheel trailer? Is that a brand name?

[tigergem]

A 5th wheel is the type of RV trailer that hooks up by goose neck to a hitch that is secured in the bed of a pick up truck. As opposed to a travel trailer that hooks up to the rear end of a truck by the trailer hitch.

[etechjc]

You see those trailers that haul horses and such. Instead of mounting to the hitch in the back the tongue weight is placed directly over the axels.

[LadyInTheRed]

BobMango, now that you've been discharged for almost 3 months, did they ever come dig out the trailer?

[BobMango]

BobMango, now that you've been discharged for almost 3 months, did they ever come dig out the trailer?

They did dig it out. Took them about an hour of digging but they did get it.

When they got there my sister went out to talk to them and give them the keys. She said they looked like they expected an argument when they first saw her but relaxed after a bit.

I received a letter from them after discharge titled "NOTICE OF OUR PLAN TO SELL PROPERTY." The letter said they had the trailer "because you broke promises in our agreement." That was just mean.

Anyway the letter says they plan to sell the RV at a private sale sometime after 3/1/2010, but that I can buy it back by paying the full amount I owe. (There is a disclaimer at the top about if I get a discharge in bankruptcy they won't try to collect from me.) Here's the good part, if they get more money than I owed they'll give me the difference. I'm looking forward to the check.