We are preparing to file Chapter 13 where we will be including our two autos (one which will doing a "cramdown" since we owe 22K on it and the value is 12K). My question is can I stop paying the payment on it since it will be included in our 13? I'm past due for 3/25 and 4/25. We won't be filing for another 45 - 60 days since we are waiting to hear from our mortgage lender about a loan modification. Will they reposess vehicle or can I just tell them that I'm getting ready to file BK and including it in our plan and give them my attorney's name. Any ideas?
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Once you are late, they can reposess it at any time. You are only protected once you file BK under the automatic stay. I wouldn't chance it, by the time you file, you would be around 4 months late...May 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!!
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I wouldn't risk it. Right now I'm 61 days late on a van which will be surrendered in the CH13 and I've been badgering my attorney to get the paperwork done to stop a potential repo. I dropped my paperwork off on 3/27 and we had the meeting to sign on April 25. But they were not prepared and kept saying "oh, you didn't give us that paper." - to which I would get up, walk over to the files I provided and pull it out of the stack (I have a bit of OCD which serves me well in cases such as this). I have the paperwork in front of me now and they mixed up mine and my husband's SS #'s. Grrrrr....
I'm starting to think that I should call the note holder on the car and promise a payment for next week in order to buy some time. But they record that stuff...would that be a problem?over $100K cc debt,$20K taxes,$332K mortgages/value $190K,surrendered
Confirmed, $801/month 56 down,4 to goComment
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