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surrendered vehicle not picked up

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    surrendered vehicle not picked up

    i have a motorcycle that was surrendered in my chap 13 in 2008. have not recieved phone call or letter since. I have to maintain current tags and upkeep or city will fine me.was financed with household retail ser. in illinois.they no longer have a record of it,but found out that bass and associates now have the account.I contacted them today and told them they need to get it or send me the title so i can get rid of it. they told me that they were aware of the chap.13 but would have to have my lawyer permission to pick it up. I dont understand why they would need permission,any thoughts?

    #2
    Bass and Associates should file for a relief from stay in order to contact you about picking it up. Please contact your attorney and ask him / her to contact Bass and handle this for you, so that you do not continue to have costs from keeping it street legal.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      I filed in July '08, and surrendered a vehicle. Navy FCU did not come get it until the following April. I continued to drive it, and maintain it, since I knew the more they got for it upon sale, the less I would have to pay unsecured.

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        #4
        Stan, never contact one of your creditors or collection agency directly yourself without talking to your lawyer first and getting permission. That's what you are paying your lawyer for - to protect your interests. Your creditors - and especially Bass and Ass (as they are so fondly known in the collections industry) most definitely DO NOT have your best interests in mind.

        You can really screw your case up trying to work out arrangements of any kind with a creditor yourself when the asset in question is a part of your bk as your motorcycle is. If Bass and Ass would give you the title (highly unlikely), the bike is still a part of your 13. You can't sell it without your trustee's prior permission. Let your lawyer handle this situation for your own good.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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          #5
          thanks for the responses. i did turn it over to the lawyers,the problem is they will never,ever call me back. they say we will let you know something tomorrow and tomorrow never comes.Oh well everbody is aware the bike is here.Last talk with lawyer i asked him to contact bass and advise them they have thirty days to get it off my property or I will start charging twenty dollars a day for upkeep and storage,havent heard anything as of yet,has been three weeks now.

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            #6
            Another avenue: If they don't want it, instruct your attorney to file a motion to release the lien to you.
            Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
            I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

            Comment

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