I have missed a couple of payments on a car Payment. I filed chapter 13 and this is a secured debt. I can make the payments and catch up the total past due. Can I do that and fight this relief of stay? I cannot afford to lose the car and that money
If you are in a chapter 13, hopefully you have an attorney representing you in that case. You need to contact your attorney immediately.
You may well be able to save your car, but there are deadlines that must be met in responding to the Motion for Relief from Stay in order to protect your ownership rights.
You will have to respond to the motion and either catch up the payments all at once, or enter into a Stipulation with the lender (through their lawyers) setting out an agreed-upon payment plan for how and when you will catch up the missed payments. They may also require that you agree to stay current for the remainder of your plan without any further missed payments.
Call your lawyer tomorrow. If you don't have a lawyer, you would be wise to hire one at this time. If you need to find lawyer now, expect to pay him or her for their time and assistance. Be mindful of the deadline to object to the Motion for Relief.See question
I have 2 auto loans. One for my vehicle. One for my step daughter. Both financed through security services. I had fallen pretty far behind on the auto-loan for my car but had made a payment that brought me current. On her car I was primary and her...
You don't say whether you have been able to get the vehicle back.
You really should speak with a consumer rights lawyer to see what options might be available to you. You will need the loan documents and the notice of default/right to cure letter received on the delinquent loan.See question
I have a bankruptcy due to medical bills which was discharged over 2 years ago. I have since started to improve my credit and be responsible. I have 3 credit cards I pay off every month. Unfotunately, I found out that my ex did not pay our gas bil...
I hate to ask the obvious, but has that account now been closed so this difficulty does not happen again? Do any other accounts existed that your ex has control over? Once you deal with this issue it will not help much if the same problem arises again in the future with a different creditor.See question
I am the defendant in Federal Civil Case where the plaintiffs are alleging that the death of their grandchild is due to negligence on my part and the part of the other plaintiffs in the case. The child's mother was charged and convicted in her dea...
The answer is that you PROBABLY could discharge such an obligation, but without more information it is impossible to say. Negligence is dischargeable, willful and malicious injury is not. Nor are injuries that result from operating a motor vehicle under the influence.
You really need a consult with an attorney who can look over the lawsuit and provide personal legal advice.See question
At the beginning of last year (2016) my wages were garnished. (I thought it was from school debts so I never paid it any attention and figured I'd just go with it and get them paid off. Long story short after many phone calls, I later figured out ...
It is not clear whether you are saying that your employer garnished the wrong employee in response to Writ that was served on them or, whether you are saying that the underlying Judgment is what was wrong.
You need to review the garnishment documents to be clear. If it is the first case, then your employer must make you while and return the incorrectly withheld wages. If it is the second case, then you will have to review the court file to see what took place in that lawsuit and determine whether you have grounds to file a Moron to Set Aside the Judgment.See question
I'm living in Illinois and am owed a debt from ex who resides in Colorado Springs. I've called attorneys in Colorado Springs to find one who could help but have been turned down because they only deal with businesses not individuals. I only have s...
Id the dent is related to your domestic relations matter you might try a family law practice. Otherwise, i would try speaking to a general civil practice attorney.
Good luck!See question
The original loan was written at 5.24 %. It was turned over to the collection agency February 21, 2011 with a balance of 10,004.02, so far I have paid them a total of 10,524 over 70 months. The collection agency says I still owe them 1,250, is it ...
It doesn't sound to me as though they are charging you more than the original interest rate. Interest is compounded not just simple interest. The amount owed over 70 months would be far more than the original amount times the original interest rate.See question
I filed an emergency chapter 13 plan. I am filing the balance of the forms. Do I need to send the plan and some type of notice to the creditors?
Yes. You are required to send the proposed plan along with a notice including all the relevant dates and deadlines in your case.
If you really hippie that your chapter 13 case will be successful you should meet with and retain an attorney as soon as possible. Chapter 13 cases are very difficult and few, if any, cases filed without the assistance of counsel are able to be confirmed.See question
I had a car loan out gave it back and now owe an x amount it
If you file for bankruptcy it will protect you from having to pay the remainder of the car loan. Unfortunately, your bankruptcy case does nothing to protect a cosigner from their obligation to pay. The reason lenders insist yon a cosigner is to protect themselves from this exact situation.
A cosigner agrees to be responsible for and to pay the ENTIRE OBLIGATION if the primary borrower can't or won't. The lender can still collect from them even if you file for bankruptcy.See question
in 2011 my ex boyfriend took my car without permission. He was pulled over in Denver county. They impounded the vehicle and deemed it a public nuisance because he was a habitual traffic offender. I was just served papers a week ago saying I owed ...
Did you ever report the theft of your vehicle? If it was reported as stolen then you might not be in the hook. But if it is your car and you never made any effort to recover it or to get the title changed out of your name then you may well be responsible for all assessed fees and costs as the owner of the vehicle.
You should consult with a Colorado lawyer to determine exactly what the charges are for, and whether you have any defenses to claim.See question