Car that is in CH 13

[scott29]

Here is probably a stupid question. My 13 will be over this year. I have a car included in it, but since filing the motor has blown and it has just been sitting. Got somebody wanting to buy it for parts but was wondering if the court would allow me to do that. I know I could probably let them take it and not have a problem, but I don't want to in any trouble with court. I was offered a good price for it and was just wondering what options I have.

[justbroke]

You would need to ask the Court. If there is still a lien on the car, which you didn't indicate, it could be denied. Otherwise, you would be filling a Motion to Sell Property Free and Clear of Liens.

However, if the car was crammed down in the Chapter 13, they probably won't allow it.

[scott29]

It still has a lien on it. It was a secure claim which has been paid long ago. I believe they also have a unsecured claim as well. May be best just to let it sit there until its all over. I am guessing when my 13 is complete they will send me a lien release. Am I right on this.

[rdve]

This may betray my ignorance, but if you singed a reaffirmation agreement, can you just cancel it before the discharge and get a refund of the monies paid?

[justbroke]

You can rescind a reaffirmation agreement up until 60 days after it was filed with the court. If you do so within that period, you can then surrender the vehicle. You will not get any money back, because the Court would consider the monies paid to be "adequate protection".

[rdve]

I will be speaking with my attorney that handled my original ch 7 in 2005, but I guess I am confused by this:

You have the right to cancel (rescind) any reaffirmation at any time prior to the entry of your discharge or within 60 days after the reaffirmation agreement is filed with the court, whichever occurs laterhttp://www.rib.uscourts.gov/Pro%20Se/reaffirmation.htm

[scott29]

I got my account summary from the trustee in the mail and what I can figure, looks like my plan will be complete in June. Once it is over, will I get a lien release from the bank?