My van was included in the bankruptcy and all was forgiven and then when i called the bank for the title they said I still owed them about 1700. I have asked my lawyer to handle this and initially she said she had to wait until the election was over in the county and and find a judge who would be open to this???She has since petitioned the local judge once so far who denied this request to release the lien. She has re-entered a new petition recently ,but I haven't heard a response and call my lawyer everyday. She says if this is also denied she would have to do some research into other bankruptcy cases or call some other lawyer for advice. I am so tired of being jerked around on this. I have remained civil but its very hard not having a vehicle. This vehicle doesnt run presently (needs about 1700.00 repair work and I dont want to repair it if I dont even own it) Isn't bankruptcy for the sole purpose of ending debt so families can move forward? Help!!!
2007-03-12 09:48:12 · 5 answers · asked by busty_bunny_in_lingerie 2 in Business & Finance ➔ Credit
It sounds like you had a Chapter 7 Bankruptcy which eliminates your unsecured debts. However, if you have any secured debts such as a car or house you have two options. Give the car up or continue to make payments on it. It does not eliminate that debt giving you a free car. Really if it is in that bad of shape and you did not re-afirm the debt just give it back. You could then get a new car you just won't have a trade in. If you did reafirm the debt you basically owe the money.
I'm not sure on all of your specifics but quite frankly if your lawyer is charging you for this it sounds like she is really just trying to take you for some more money as she should already know the above. How much has this cost you up to now, how much is it going to cost her to "research" other cases? For math's sake if she is getting $170 an hour that is just 10 hours worth of work to get to $1700 you need to pay off the van.
2007-03-12 10:13:52 · answer #1 · answered by OC1999 7 · 1⤊ 0⤋
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RE Bankruptcy...a year later. and the bank still has the lien to my van? Illinois?
My van was included in the bankruptcy and all was forgiven and then when i called the bank for the title they said I still owed them about 1700. I have asked my lawyer to handle this and initially she said she had to wait until the election was over in the county and and find a judge who would be open to this???She has since petitioned the local judge once so far who denied this request to release the lien. She has re-entered a new petition recently ,but I haven't heard a response and call my lawyer everyday. She says if this is also denied she would have to do some research into other bankruptcy cases or call some other lawyer for advice. I am so tired of being jerked around on this. I have remained civil but its very hard not having a vehicle. This vehicle doesnt run presently (needs about 1700.00 repair work and I dont want to repair it if I dont even own it) Isn't bankruptcy for the sole purpose of ending debt so families can move forward? Help!!!
2014-10-03 05:37:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
When you filed your bankruptcy case, you received a discharge of all your debts. However, bankruptcy does not avoid most liens. The lien on your car to secure your debt to your bank remains. You had the option of reaffirming the debt, surrendering the vehicle or "redeeming" by paying the value of the car at the time of the filing. This happens in the bankruptcy court, not the state court. And bankruptcy judges are not elected, they are appointed by the Court of Appeals to serve for 14 year terms.
You absolutely do not owe the bank any more money even if the debt was not scheduled unless you reaffirmed the debt. Send the bank a copy of your discharge.
If you need help, you can contact me at the information on my website.
http://www.lakelaw.com or
http://www.bankruptcy.lakelaw.com
2007-03-12 11:25:49 · answer #3 · answered by DLeibowitz 5 · 0⤊ 0⤋
The way I understand it....If the van was included in the bankruptcy - that means the previous debt was forgiven - it does not mean you get a free van. If you re-affirmed the debt, which means that you want to keep the van - then you owe them the remainder of payments. Otherwise, the van is theirs and they can come pick it up.
2007-03-12 09:55:32 · answer #4 · answered by lyllyan 6 · 3⤊ 0⤋
If you reaffirmed on the loan for your van? You still owe the money plain and simple. If you don't pay the bank will come and get their van and you will have a repo. after a B.K. Then you will not be able to buy another vehicle without putting down a huge down payment and paying the State maximum in interest.
2007-03-12 10:15:17 · answer #5 · answered by ? 7 · 2⤊ 0⤋