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last year of chapter 13

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    last year of chapter 13

    This is my last year for bankruptcy
    i got finish paying my car off in my bankruptcy a month ago and i called Americredit to see when will I get my title she told me i gotta pay my unsecured debt off first ok today i get a notice of acceleration i called them and ask what this letter is for she said somebody push the wrong button and sent everybody that letter i don't trust that answer.

    Do you all think i should notify my lawyer of this so call mistake?

    #2
    First, you should receive your title when your vehicle is paid off from the lender - it doesn't matter if you are still in BK. When our vehicles were paid off during our Plan the titles were sent to us and we were still in our Plan. Secondly, when an issue arises such as you mention about the Notice of Acceleration, always check with your attorney or his office to be on the safe side.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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      #3
      We had two car payments included in our plan. Both have been paid off along the way. In our case, the lenders will hold the title until the BK is discharged. I guess this is one of those things that just depends on where you file.

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        #4
        I wondered about car titles too. We paid off a truck included in the BK last year and never have gotten the title. But the bank was very rude about the whole BK thing and tried to repo it even when it was included. Had to hide the truck and get the attorney to stop them. But this is a very small town and I was not surprised. I may call them Monday and complain, but it probably wont help. We are finished in June this year so I may just wait till it is discharged so I dont have to confront them again. To say the least I have bad mouthed ever since.

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          #5
          We paid off our cars during our Ch 13 well before we were discharged. However, Ford Motor Credit was our lender and they would not give us the titles until we were discharged. From what I've read here over the years and online elsewhere this is typical behavior for Ford Credit when bk is involved.

          Our 13 was discharged successfully in September and sure enough within a week our car titles arrived in the mail.

          Unfortunately some lenders will cough up the title for a car paid in full before the Ch 13 that lists the car as an asset is successfully discharged and some will not. If it becomes an issue, your lawyer can try to force the lender to provide the title if that becomes an issue for you (for example, you have to sell the car before your 13 is over).
          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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            #6
            We just paid off two of our cars in chapter 13 and one (Wells Fargo) sent our title and the other didn't (carmax). I guess they have the option of doing either.
            Filed Chapter 13 - 7/10/07 - 5 year plan with 2 cars and 10% unsecured payback,
            Last Payment 7/12, DISCHARGED 11/26/12 CLOSED 12/18/12

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              #7
              I had two vehicles also.gmac sent the title out as soon as my truck was paid off.capital one autofinance didnt send the title out til the discharge.

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                #8
                my car was paid off three months into my CH13 and the title was mailed to my trustee by Chrysler Financial. I received a friendly call from my trustee office regarding this and that they would be mailing the title to me.

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