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    #1

    Omg Help!!!

    When we filed our 13, the credit union holding loans on our truck and trailer was selling all loans to another credit union (Pepsi to GE). There must have been a mess up because a lien was never placed on the truck and a claim was never filed for repayment of that loan. As far as we know there was a claim on the trailer and GE credit union has the title. Our case was discharged in July 2006---two years earlier than expected because the truck was not included in the case.

    Having said that here's the problem: We requested a release of lien on the trailer and the title since we now have a buyer for it. GE credit union won't give it to us, even though they had me fax them the discharge from the court, because they say there are substantial balances on both the truck and trailer. They say they have their attorney looking into it. I was told that they are out of luck since the case was discharged and they made the mistake in filing claims. Has anyone had this type of experience? Of course my attorney no longer works for the firm and the new attorney I'm supposed to use is slow to move. I have a seller now!!! I don't suppose there's anything I can do but wait?

    Thanks for your input
    Jen
    Tags: None
    #2
    Unfortunately this problem may take time and court effort on your part to get it cleared up...... especially since all parties involved have changed.......

    This will not be a quick clean-up job......

    The sooner you get an attorney on it the better.....
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment

      #3
      Somehow I didn't think it would be a quick one.....but can they go back and file on me or repo the trailer even though the case was discharged?

      Comment

        #4
        Originally posted by cobbrudy View Post
        Somehow I didn't think it would be a quick one.....but can they go back and file on me or repo the trailer even though the case was discharged?
        Since the lender didn't contact the courts to be included in your bankruptcy, they should be out of luck. However, if they find a sympathetic non-bk judge, who knows? As Minny said, you really need an experienced bankruptcy lawyer on your side.

        If you liked your Ch 13 lawyer, have you contacted him/her yet? If you haven't, I would do so immediately. And if you didn't like him/her or didn't use a lawyer, most bankruptcy lawyers give a free half-hour to hour consultation - make appointments with 2-3 in your area and run this problem by them, then retain the one you like best.

        Good luck - I'm sorry to hear that after surviving Ch 13 (no mean feat - congrats!), you are now facing this problem. Hang in there - keep us posted about what happens. We're here for venting and support whenever you need it!
        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

        Comment

          #5
          It is this sort of thing that really gets me fired up. I mean, you did your part of the Chapter 13....you did as you were instructed by the Court. The lein holder did not...it should be a slam dunk case. They didn't file a claim, they are out of luck. Case Closed.

          It stinks that they can even fight the issue.
          Date Filed: 12/19/2004
          341 Meeting: 2/8/2005
          Date Case Confirmed: 7/12/2005
          Closed on Refinance/Chapter 13 Buyout 8/23/06

          Comment

            #6
            Originally posted by Jman30 View Post
            It is this sort of thing that really gets me fired up. I mean, you did your part of the Chapter 13....you did as you were instructed by the Court. The lein holder did not...it should be a slam dunk case. They didn't file a claim, they are out of luck. Case Closed.

            It stinks that they can even fight the issue.
            Agreed! Personally situations like this really chap my hide as well. However, with enough money to throw at something, just about anything seems possible these days. Sure doesn't make it right, but doing the right and ethical thing doesn't seem to matter much in this country any more when money and profit are involved.
            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

            Comment

              #7
              Originally posted by Jman30 View Post
              It is this sort of thing that really gets me fired up. I mean, you did your part of the Chapter 13....you did as you were instructed by the Court. The lein holder did not...it should be a slam dunk case. They didn't file a claim, they are out of luck. Case Closed.

              It stinks that they can even fight the issue.
              Oh, they can, and they probably will. Even if it's a slam dunk for Cobb, the Lein holder will probably drag out freeing up that title.

              My brother had money siezed from his bank acct illegally. A Judge ordered over a month ago for the Creditor to return the funds within 10 days. Still no money. Brother's attny is having to go back to the Judge AGAIN to get the Court to force the Creditor to return the funds. The Creditor is just dragging it out. Meanwhile, Brother has trouble making ends meet and really, really needs the money.

              Cobb,.............. Get yourself an attny or go back to your Ch 13 attny. Be prepared to "gird up your loins" and dig in for a fight.

              And,.........

              CONGRATS on completing your Ch 13!!
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment

                #8
                Thank you all for your comments. I can't believe my attorney is no longer with this firm now. My luck! I'm waiting to be called back by the person who took over his files. In the meantime, I called my contact at the Trustees office (3 years of cultivating that relationship paid off) and she basically told me that they are out of luck. But I believe a couple of you are correct, GE credit union is going to punish me because they didn't have a lien on the truck and did not come get it as a surrender (balance due is $9k) and the amount filed for the trailer was $4k short from what it should have been, and they never filed a claim on a 1K unsecured loan. Think we're going to lose this sale. Oh well, guess we'll sell the trailer next year.

                Comment

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