I had a bankruptcy that was filed nearly 5 years ago, it is now being discharged all creditors paid, but I find that the creditor who had the loan on my husbands car has withdrawn their claim and now has a company attempting to repossess my car? My husband passed away last year and I told the court to keep the car on the bankruptcy since it was my only form of transportation. I'm being told that since it was discharged the car should be mine but now I have people showing up at 4 am ringing my doorbell with claims to pick up my car.
Did your plan propose to pay out the car loan as a secured debt? Is your case pending? Or has the discharge order been entered already? You need to contact your bankruptcy attorney, as this is either a violation of the discharge injunction, or a violation of the automatic stay. If the creditor filed the claim for the vehicle early on in your case, the claim began to get paid right after your confirmation. Once the creditor withdraws the claim, the Chapter 13 Trustee stopped making payments on the withdrawn claim. You need to consult your attorney about these developments.
You say "I am being being told"
I looked at the court docket? Havethey look at the print out. If payments? Have they read the plan in order confirming plan? And which law school do they go to?
You need a lawyer. If you screwed up or misunderstood, lawyer will explain it to you. If the lender screwed up, boy will make you some money.
The only way an attorney could answer your question is to review the confirmed plan, the docket showing what claims were filed and withdrawn and the trustee's report showing what debts were paid. If you were represented, call your attorney. If not, make an appointment to see an experienced chapter 13 attorney ASAP. You can search for a bankruptcy attorney using the Avvo "Find a Lawyer" link at the top of this page.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
With a secured debt, unless the Plan provides for payment of the loan in full, the creditor keeps their lien and has the right to repo unless the debt is paid, either in full, or in part as provided by some rather complicated bankruptcy provisions. So none of what you claim matters. The only thing that matters is whether or not the car loan was paid off as part of the Chapter 13 case or not. You will need to review the accounting of payments from the Trustee to determine this. Or just read the provisions of your Plan to see if you ever arranged to resolve this debt through your Chapter 13. Hope this perspective helps!
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline