A question about a car in a chapter 13 bankruptcy ?

Asked over 1 year ago - Murrysville, PA

when i filed i never gave a thought to this but story of my misreable life. i signed for my exes car and she makes the payments but now i got it tied up in this mess. although it's getting payed by trutee in payments now what would happen to me if i tell the court she really owns it and if the whole amount is given to court to pay it off can it be signed over to her ? also would it be allowed for me to call the finance company what the payoff would be on it or is it now out of my hands to ask that ? also if you do answer please don't say ask my lawyer because he has told me he has done enough for his fee and don't call him anymore and also i don't have money for another lawyer !!! so if the case pass my question by !!

Attorney answers (4)

  1. Brian Crozier Whitaker

    Contributor Level 17

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    Answered . You are free to talk to the car finance company; but their balance may be different from what you are supposed to pay in your Plan. Assuming the car was awarded to her in the divorce, why did you bother including it in your Plan? You did, and still do, have the option of rejecting both the car and the debt and letting her pay for it on her own.

  2. Jacques H. Geisenberger Jr.

    Contributor Level 14

    3

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    Answered . Keep asking the same question. It has been answered in the past several times. The prior responses have not changed.

    Mr. Geisenberger is a Pennsylvania-licensed attorney only. The information is not, nor is it intended to be, legal... more
  3. Gary D. Bollinger

    Contributor Level 19

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    Answered . You wrote, "i signed for my exes car and she makes the payments ... . although it's getting payed by trutee in payments."

    A: There is only one contractual debt, if the lender has been getting double payments (contractual & bankruptcy plan), you might not be getting proper credit and the lender might be getting a windfall.

  4. Russell J Hebets

    Contributor Level 10

    3

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    Answered . You can always propose to your current lawyer that he take more fee from the chapter 13 payments. Generally this just reduces the amount distributed to unsecured creditors. Additionally, you should review your original fee agreement and see if it provides for plan modifications. In a chapter 13 since your lawyer always has priority there really shouldn't be a problem of paying an attorney.

    These statements do not constitute legal advice. They are meant to be general in nature, for any specific legal... more

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