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Another cross collateralization question?

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    Another cross collateralization question?

    I am not sure I am getting the right answer from my attorney, so I will ask this question here.
    We filed Ch 13 this week, (primarily to save the house and car) and did not include the Lexus in the BK.
    The Lexus is cross collateralization with a CC and line of credit, but the Lexus is current.
    We owe $10k on it and its worth $22k-25K blackbook.
    Can the Trustee let the Credit Union take our vehicle away from us?

    #2
    I found this on a website. Think My Lexus is protected?

    This cross collateral clause can become tricky for debtors filing Chapter 7 bankruptcy. Even if the bankruptcy court discharges your credit card debt, the credit union could demand that you either pay both the car loan balance and the credit card debt or surrender the car. The only way to avoid this scenario would be to file Chapter 13 bankruptcy. However, you could also avoid taking out both a credit card and car loan at a credit union. Traditional banks do not use the cross collateral clause.

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      #3
      What exactly do you mean, "we did not include the Lexus". Does your attorney know you have a Lexus? You must disclose all debts. For that matter, how do you claim a car payment in your chapter 13 for a car you did not include?

      However, so long as the automatic stay is in place the CU can take no action to collect a debt, meaning, they cannot enforce the X-Coll clause. But, I suppose the CU could file a Motion to Lift Stay, but it would be very odd for them to do so.

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        #4
        Guess I don't know what I am saying, we are paying the $400 car paymenta month, outside the trustee?
        We claimed it as an asset to protect it, but did not include it in the BK payment? Am I making sense?
        I am new to this, just filing yesterday. Confused.

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