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Paying off a car while in Chap 13

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    Paying off a car while in Chap 13

    My wife and I have been in our plan for 40 months and we have 20 more months to go. We have a van that is financed by Americredit that we are paying off through the plan. I called them recently just to see what the payoff would be, and they are saying we have a past/due slash deficiency amount of $7400 and a payoff of $9900. We owed approximately $17,000 when we filed in April of 04. According to NDC, Americredit has been paid $14,400 by our trustee, $9000 of which was paid in the first year of the plan. They get approximately $160/month sent to them now. The last payment of $500 from the original contract was supposed to be paid in Oct of 07.
    The lady at Americredit informed me that if we complete our payments to the trustee, we will still have a fairly large deficiency/payoff amount due on the car that would have to paid before we could get the pink slip, or we could surrender the vehicle. I'm just wondering if this is normal. My understanding was if we complete our plan we get the pink slip period. My other question is would the trustee possibly allow us to send them extra money each month to pay down this deficiency. If anybody has had a similar experience I would like to know how it was handled.
    Thanks

    #2
    Something sounds fishy here.

    Did you file with a lawyer? It sounds like mabey you should give him/her a quick call and see what they say.
    Filed: 10/26/2006
    Discharged: 03/05/2007
    Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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      #3
      We do have a lawyer so I am going to contact him. I'm thinking I should also contact the trustee and see what they say.

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        #4
        Just talked to my lawyer and he said the same thing that I thought was true. He said if we finish all the payments of the plan they must give us the pink slip when the trustee demands it. We had talked to them about trying to pay off early, but they seemed very uninterested in taking any kind of settlement on our payoff amount. As it is now, from now until the end of the plan they will receive about $3200 where we were trying to work our a settlement to pay them almost double that. We had worked out settlements with most of the other creditors because were trying to dismiss early to see if we could start working on that credit score of ours. I guess we're better off completing our plan and going forward from there.

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          #5
          feelinghopeless had some problems getting her title after her chapter 13 and even ended up having her car reposesed. However a little help from her lawyer and some work on her part got her car back. See this post for the details.



          Last edited by JollyGG; 07-23-2007, 10:53 AM.
          Filed: 10/26/2006
          Discharged: 03/05/2007
          Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

          Comment

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