Chapter 13 Discharged ... But It's Still Not Over ...

[JollyGG]

Check out some posts by CPO. He loves creditors who violate his rights. Here is one of his most recent posts. http://bkforum.com/showthread.php?t=15442

[Minnymouth]

GO FOR IT............ repo after discharge is illegal, and especially after paying it off in Chapter 13....

Yes, discuss with your attorney the fees involved in this action.... and be sure the CU is going to get stuck with the bill of all of it, plus their fines....
also be sure you get the vehicle back with clear title....

Then you can use it, sell it, or just sit it in the back yard..... whatever you want to do with it.....

Fines can get pretty steep for companies that pull this type of stunt, and judges love to "dish them out"..... and they can loose their business liscence.

Hopefully you won't be out a dime, will cost the CU big bucks, and you will get you vehicle back....

Keep us posted.

[FeelingHopeless]

Hey guys, thanks for the replies! I read the link you posted, Jolly GG ... I think I need to keep that in my files for future use. Sounds like even after discharge we still might get a call from time to time.

It makes me wonder ... how many times does this happen and someone feels so beat down and humiliated that they just let it go. I was ready to just let them keep the van and wash my hands of the whole mess.

But, even if they DID somehow have a legal right to do this ... not sure how ... but even if they did, I'll at least feel better knowing I didn't give up without a fight.

[FeelingHopeless]

Alright guys ... here we go! All I want to say is ... I *knew* I wasn't crazy!

Yesterday I got home and there was a Fed Ex envelope on the table. The credit union faxed us our official notice of reposession. There was also a message on the answering machine from their representative ... but I didn't get home in time to return the call.

So I called this morning ... and she stiffly apologized. She claims that their lawyers did not get all the paperwork from our trustee. Her position is that it's our trustee and the court's fault that they hadn't been given all the information on our case. Having said that, she said we were free to come pick up the van and the title at our earliest convenience.

I asked her, "And just how am I supposed to do that? When you repo'ed my car, I took a day off work, purchased a new car, and had the plates transferred to the new vehicle. I have no way of legally getting the van back home now."

She offered to write us a letter that states that they repossessed the van (I interrupted with INCORRECTLY repossessed the van and she gritted her teeth and agreed) and that we are transporting the vehicle back to our house. She wanted to know exactly when I planned to pick it up. I said, "You know, I appreciate the call ... but I'm going to have to call you back. I need to make a few calls and find out what to do about this." And she said " <pause> ... Thank you ... please give me a call back."

So, I called our lawyer's office ... and Tammy is home sick. They're going to find out who will be handling our case until she returns ... because there's no way I'm picking this thing up until our lawyer says it's okay. The credit union has no idea how many tears or how much heartache this caused.

I'm not a shark ... I don't want to sue their pants off or be vindictive ... but there's no way I'm going to drive this van across town illegally until AFTER I've talked with our lawyer.

More to come ... stay tuned ...

HUGS

[lrprn]

Yay!! Way to hang in there, FH! It must have been sweet to actually hear her say "illegally" Keep us posted on what happens, ok? Just really glad that it looks like all will turn out for the best for you and your family!

[FeelingHopeless]

Hey there, guys! Thanks lrprn ... it was good to hear her say "we apologize." And honestly, it took everything not to fall apart on the phone. I want to rant and rave and yell and cry and ask if her she had any IDEA how traumatic that was for us ... but I stayed calm.

The only new "news" I have ... is that the lawyer himself called yesterday. I told him that the CU rep said they were releasing our mini-van. I also told him how she offered to write us the letter of explanation in case I was stopped by police for not having plates ... and just asked if it was alright if we went and picked it up.

He said yes ... definately go get it ... but make sure I get that letter from them as proof of what they did and then bring it to him. I said, "But I *have* proof ... they Fed Ex'ed me an official "Notice of Repossession" ... and he said GOOD ... bring that to me too.

So, Saturday morning, my husband and I are going to go to the CU, pick up the title, letter, and keys from the drive-thru and bring it home. I'm not sure what, if anything, will happen next. I'm not a shark ... it's not like I'm thinking, "You guys are SO sued ..." ... but I am curious to talk to our lawyer after he sees the letter and paperwork. I'd really like to know how often this happens ...

Thanks for being so supportive, guys ... I'll write more on Monday after I talk to our lawyer. HUGS!

[FeelingHopeless]

Hey, everyone ... just keeping you updated on the situation in case anyone finds themself in the same boat.

We picked up the van on Saturday morning. The keys, title, and a letter were in a sealed envelope in the drive-thru. This isn't word for word ... but the letter basically says, "Because we were missing paperwork, we incorrectly reposessed this van. We no longer hold any lien against this property."

Giving copies of everything to the lawyer tomorrow ... I'll let you guys know what he says. HUGS

[FeelingHopeless]

Hey, guys! I have a meeting with our lawyer at twelve o'clock noon today ... he called first thing Monday morning and said he wanted me to bring over any paperwork they gave me in regards to the respossession. Gosh, I'm nervous ... I'll write more later and post what he said about the situation.

[CityGirl]

Anymore news ???

[FeelingHopeless]

Well, a couple weeks ago, I met with our lawyer ... he taped our interview and took notes ... and took all the paperwork I had from them ... including the legal notice of repossession and the letter stating they had "incorrectly" respossessed the van and no longer had a lien on the property.

He said they're going to file something by Friday ... and not to get my hopes up ... but they're going to ask the court to have them pay for my new vehicle, since I had no intention of buying it and only took out a loan because I had to have a way to get to work.

In another post, lrprn said there's a part of the bankruptcy law that addresses violations of the automatic stay: "Subsection 362(h) - An individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages."

Our lawyer is filing a case against the credit union for violation of the automatic bankruptcy stay and possibly for violation of the Fair Debt Collection Practices Act. We're supposed to get a copy of the court papers in the mail ... but I may call them today to find out where we're at. I hesitate to call ... cause you know, those billable hours really stack up.

Here's a link to the other post: http://www.bkforum.com/showthread.php?t=15619

I'll write back once I get the paperwork and know more. Thanks for EVERYONE's support ... I really needed it. The week the van was repo'ed was the worst week of my life.

[HenriettaHen]

What a GREAT story!

But even though you aren't really a shark, do you think you could play one on TV for a short while? Honey, you DESERVE to be paid for this.

If anybody deserves it, it's you.

CPO, get over here! Talk some sense into this gal!

[HenriettaHen]

Can you follow this case on Pacer? That would be JUST TOO MUCH FUN. Heeee!

[FeelingHopeless]

LOL ... It's a really odd situation for me. By nature, I'm really not a shark. And the thing is ... I've always tried to believe in karma and do what's right. And I was ready to just let them HAVE the damned minivan. If I was "meant" (in some cosmic way) to pay them back for the bankruptcy, then I was going to let it go. More than that ... I just wanted everything to be over. I was so PROUD that we paid off our chapter 13 plan ... and then for it to all blow up like that?

But after we talked with a CEO of another credit union, I had a change of heart. I want to believe the best about people ... but this really was WRONG. And for some odd reason ... what's worse to me ... is that the CU (and that awful representative) have no idea how HORRIBLE that whole situation was for us. We had copies of all three credit reports ... and were going to start building it back up. We'd planned on taking out a secured credit card ... you know, just go slowly to do everything RIGHT this time. And then ... within 12 hours, we've got a $16,000 loan at 11.6% because I literally had NO way of getting to work.

I hate feeling like I'm taking advantage of the situation ... like ... I don't want anyone to think I've got the attitude, "What can I get out of this?" At the very least, I need my legal bills paid ... and I do wish they'd have to pay SOMETHING so they wouldn't do this to anyone else.

I really can't believe it happened ... because I read online and couldn't find anything like this anywhere. Even my lawyer wanted proof because it seemed so outrageous.

[JRScott]

Good Luck in all this

I stumbled upon this today. I hope you get the other car paid for too. Your not just sticking up for yourself but for all the little guys out there that might suffer as well.

Keep your chin up

[FeelingHopeless]

Alright guys ... the wheels of justice move slowly ... but I think I just heard them squeak. Timothy called ... he said that we need to come down and read the sanction they're going to file ... and sign off on them that everything is correct and truthful. I don't think my husband and I will have time to go in together ... but we're basically just reading and signing anyway. He can always run over there at lunch.

Timothy said after they file, the hearing will be three to four weeks out. Oh, and we're not supposed to sell the van ... it may be used as evidence. How messed up is THAT? haha I told him it was just sitting there ... and it wasn't costing me anything to keep it for another month.

Anyhow ... just wanted to keep you guys posted. I'm going to try to go in tomorrow to read the paperwork ... and I'll come here and post what it says. Eeep!