If I have a large bill from a mechanic who is holding my car for the bill what happens if I put the bill in with my chapter 13. the bill was incurred prior to filing my BK. My son had damaged my car (after taking it without my permission) then took it to a mechanic without my consent and had him work on it. When I found out where my car was I went there to talk to the mechanic. He told me the amount is $2500 and said he would not charge me storage. Now I am ready to pay the bill off and he has decided now to hit me with a $2600 storage bill. This we did NOT agree on! He still has my car and is threatening to keep my car and change the title to his name. What happens if I add this bill to my bankruptcy and dispute the storage fee he said he was not charging me! desperate.. I think he is trying to keep my car because its a 1994 Corvette.
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Car Mechanics Bill & Chapter 13
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The real question is whether or not the storage fees can be included in a mechanic's lien. If so, then the mechanic is secured for both the repairs and the storage, depending on your State laws. My rudimentary understanding of Pennsylvania Mechanic Lien Law is that the lien must be filed to be affective, before the debtor files a bankruptcy.
In other words, whoever files first, wins.
If you're intending to somehow exempt the value, then you may have to find if you have enough to exempt the vehicle.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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