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    quick question

    Just wondering.....I'm 90 percent sure that I'm going to surrender my vehicle that is included in my plan. Will the creditor that is the lienholder become an unsecured creditor?
    Filed: 5/22/07; 341 Hearing: 6/27/07;
    Confirmed: 8/13/07; DISCHARGED 4/17/2012

    #2
    I would guess, yes, because your giving it back to them. So any amount you still owe them, there is nothing it's secured by. The balance owed, I guess, would be an unsecured claim. But who knows, ask an attorney.

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      #3
      Originally posted by Nicollette View Post
      Just wondering.....I'm 90 percent sure that I'm going to surrender my vehicle that is included in my plan. Will the creditor that is the lienholder become an unsecured creditor?
      If the creditor files an unsecured claim prior to the claims bar date, they will have an allowed unsecured claim.

      They'll submit a claim for the difference between your loan balance and what they get for the vehicle. You will pay some percentage of that through your Chapter 13 Plan.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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