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That car and increased BK payment looming in the near future

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    That car and increased BK payment looming in the near future

    I really don't like seeing the broken down car in our driveway.

    I THINK the November payment is the last one. We did not have payment coupons for the entire length of the loan and then when BK happened there is no communication from the bank. I called previously and found out they cannot talk to me unless the attorney approves it. I put off doing anything until today and spoke to my attorney's office who basically said they would give permission, but different banks have different rules some want emails and some want letters, etc. I called the bank and they were contacting the attorney's office.

    If the November payment is the last one normally there is a pay off balance. I know I had a few late fees that were never paid so I am expecting to owe past November. If my thought is right they cannot collect or demand payment, but I want to pay it therefore I can, but I am not held to a specific deadline while in active BK.

    Will I get a title once it is paid off? Or does it stay within the BK (we pay outside, but I know it's still part of the BK) until it's over? Which will be March/April 2023. Do I need to keep this thing sitting in my driveway? Will I be able to sell it or junk it?

    We play with the idea to buy another car, but we have to jump through a few hoops and go to court (well the attorney will) and pay fees. Part of us would like to buy a new car before the end of BK, but the other part says let sleeping dogs lie and just wait it out.

    But then I think there are 16 months left! That's a long time for the car to just sit there. I am sure the battery is dead because it had a new battery and took it out and put it in our "only" car which needed a battery and put the dying battery in the dead car. It was iffy to drive before it's long nap. I don't even remember how long it's been sitting already it must be close to a year.

    In December our payment to the Trustee increases by the same amount as the car payment was. So we are not ahead financially because of having no payment.

    And here's another thing I realized. The office for my job moved to a new multi million dollar building so the address the attorney/BK paperwork has is no longer the correct address. I am responsible to notify them of the new address. I didn't even realize they had moved it's written on the paystub, but it's all electronic so when I look at the paystub it's not like I see the address like I would if it was on real paper. The only reason I found out was because a coworker was complaining about our health care hero pay cuts while the office is in a brand new state of the art building blah blah.

    The trustee will expect a higher payment during month 45 should I do anything like tell my attorney of the new address? Or wait and see if it's processed. I don't know how that works was my job told of the payment increase initially and if they were would they remember? They are not the swiftest bunch and I do not want to have to contact them through my boss because as far as I know NO ONE in my building is aware of the BK and I really don't want them to know. HR/payroll is done out of the other building. They don't communicate with us it goes through the boss and if anyone emails them personally they don't reply to the person they send info to the boss to give to us.

    If for some reason the payment doesn't increase automatically I would sure pay the Trustee the difference myself until it's straightened out.
    I am not an expert. I share my experiences in the Wonderful Wacky World of Chapter 13! Filed 3-30-18 Confirmed 7-11-18 Discharged 6-8-22

    #2
    Oh Carmella, I so empathize with you and your car situation- we also have an old car ( ours is almost 18 year old ) and if we had to drive it as much as you two would, believe me it would be an immobile trash heap in our driveway !
    Luckily, I don't have to drive it most days any where except to medical visits and the gym (which is just across the highway!) If I had to work right now, we'd be in serious trouble!!!! Since I wasn't working when we had to file, and our attorney said, there's no "incentive" for me to make extra money, I stopped trying to get paying work through my now former agent, stopped taking classes, and just "retired" even from VO for the most part. What's the point if you can't keep what you earn, right?
    It sounds like your company really shafted you with a pay cut after all you health care heroes did and continue to do to keep the rest of us healthy and alive. And I just don't understand how you ended up in a 100% plan when you clearly couldn't afford it. To me it just seems so unfair! I think our very high mortgage ($2200+) and the very high HDHP with well documented ongoing medical bills (most years 10-12K!) are the only reason we're not in a 100% plan too!
    I hope you can get the title soon so you can sell it for something or at least junk it and rid yourselves of an obvious eyesore.
    I don't know what to advise about getting a car - you have a year on us to go, so you may have to get a different vehicle before you're done!
    We have four more payments left and then hopefully, we can get a quick discharge/ closing, sell the house, buy a new car from the house proceeds and relocate to a better, nicer climate with opportunities for me and an even better job for my husband.


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