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Advice Needed...Ch13 Discharged but Finance Company will not turn over title

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    #31
    Judge ordered the creditor to release the lien on the title
    48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
    Just when I thought it was over; BOOM in my face-->I owe more money

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      #32
      Did your attorney also request the creditor pay your legal fees and sanctions?

      Comment

        #33
        Wow! Crazy! Good luck!
        Discharge date: October 2017 (will it ever get here?)

        Comment

          #34
          no, he didn't and according to his paralegal; after filing this motion there is nothing else he can do
          48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
          Just when I thought it was over; BOOM in my face-->I owe more money

          Comment

            #35
            Originally posted by Motivatedx3 View Post
            Judge ordered the creditor to release the lien on the title
            Nice! I love it when Judges lay down the hammer... I mean gavel!

            FYI, your attorney should have asked for costs when they filed the Motion. Even I, as a pro se, always asked for costs to be taxed to opposing attorney/creditor when an order is in my favor and they were the cause of the needless litigation.
            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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              #36
              The judge has ordered this twice already and the creditor refuse to comply.
              48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
              Just when I thought it was over; BOOM in my face-->I owe more money

              Comment

                #37
                Originally posted by Motivatedx3 View Post
                The judge has ordered this twice already and the creditor refuse to comply.
                Wow... I can't imagine any judge putting up with this. If this were me (and I know it's not) and the creditor continues to disobey the judge's order I would:
                • Go back to the judge and clearly point out how the creditor is disobeying the judge.
                • Demand the title.
                • Demand legal fees and sanctions.

                If the judge sees how the creditor is ignoring him/her, maybe the judge will get mad.

                Comment

                  #38
                  M-3x, who is the creditor?

                  Comment

                    #39
                    Originally posted by Slingerland View Post
                    M-3x, who is the creditor?
                    He stated earlier it was USAA Federal Savings Bank. I am amazed by this - can not believe they are just blowing this off.

                    Maybe send this story to one of your local tv stations investigative teams....
                    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                    Not an attorney - just an opinionated woman.

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                      #40
                      Another Update: Yesterday I spoke with a representative at the creditors' office and asked if I could send the ledger for the CH13. Ledger was faxed so I called today and was told the title was sent to me today. According to the rep, I should receive it within 7 days.
                      48 MO. CH13.......Filed Dec 08...Final Payment Oct 12...Discharged Feb 13 Case still opened
                      Just when I thought it was over; BOOM in my face-->I owe more money

                      Comment

                        #41
                        You should not have needed or found it necessary to do anything. I am somewhat surprised that your attorney is so nonchalant about this. But, again, some attorneys don't like to litigate and just like to "file papers"!
                        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.

                        Comment

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