Cross-Collateralization in 13

[Jaxharley99]

Right now have a 13 filed thru a para-legal.
At the 341 meeting, trustee reemed us a new one so bad, we decided to interview BK attornies this week, but all want $1.5k up front plus $ plus $and won't tell any details without a commitment. I am 30 days away from coming up with the $2k I need to work this out.

Problem I want answered is $13k loan on a Lexus worth $25k, NADA, but secured by Cross-Collateralization with a $63k 2nd..

I plan on trying a 2nd mortgage strip, but attornies say this CU will fight dirty to stop the strip, and will ask for the Lexus since they see $12k in additional assets.
Is it true they can take awaymy wife only transportation in a 13, or withhold the title after a payoff?
Also,
I paid my truck off over a year ago with this CU, and just realized they never sent me title. Could my truck be in jeopardy too?

Anyone experieced an equity position like this?

[lrprn]

Frankly you have a mess on your hands.

By law in every state, paralegals are not allowed to give legal advice. Filing a Ch 13 case for in a complex situation with assets on the line without a lawyer was a mistake. Whatever you thought you were saving yourself by filing a 13 without an attorney is now long gone. It's going to cost you a lot more to straighten this out than if you had just worked with a real attorney to start with.

Sit down with at least 3-4 experienced bk lawyers in your area who file a lot of 13s. Accept the fact that you are going to pay more now to get this straightened out.

Can a trustee take away your wife's only transportation? Yes, if you can't protect its current equity with your state's exemptions. If the car is currently worth at least $1000 more than the remaining loan, you'll likely have two choices - surrender the car or agree to a payment plan making payments to the trustee for the $ amount you can't protect to keep it.

Can your paid-off truck without a title be in jeopardy? Yes, if you can't protect its current value with your state exemptions as well. If you can't, then you again have the same two choices - surrender it or agree to a payment plan to the trustee for whatever $ amount can't be protected by exemptions to keep it. And you need the paid-off truck's title to file the 13 - I would love to hear your paralegal's explanation about it was ok to file your case without one.

Get yourself the expert legal representation you should have had to start with as quickly as possible. You really need to interview more than just one bk attorney. Lay everything out on the table so you'll get the best legal advice possible about how to get out of this self-created hole.

I hope you can get this mess straightened out soon. Good luck to you.