Timeline and Car

[ChristyA]

Good morning... I just filed on Monday. Congrats on your hearing! So glad to hear it went well and it’s not a long, sordid meeting of being judged because you had to file. I am sort of wondering about the timeline though... between when it’s filed and when the hearing takes place. I so appreciate the advice post given about what happens once it is discharged. I also have another question about payments to debtors during the filing. Do I stop making car payments even though I am not listing it under the bankruptcy? I noticed on my Cap One account, it says that my auto loan was taken over by someone else and if I have questions, I should call them but wanted to ask here first. My apologies if this is the wrong forum. Thanks!

[saint782]

I’m definitely not the person to ask about that stuff sorry I’d try a different part of these forums

[justbroke]

Good morning... I just filed on Monday. Congrats on your hearing! So glad to hear it went well and it’s not a long, sordid meeting of being judged because you had to file. I am sort of wondering about the timeline though... between when it’s filed and when the hearing takes place. I so appreciate the advice post given about what happens once it is discharged. I also have another question about payments to debtors during the filing.

I moved your post here because it's better as a standalone question.

Do I stop making car payments even though I am not listing it under the bankruptcy? I noticed on my Cap One account, it says that my auto loan was taken over by someone else and if I have questions, I should call them but wanted to ask here first. My apologies if this is the wrong forum. Thanks!

If you are keeping your car, you should not stop paying! Also, you should have scheduled your vehicle in your bankruptcy. You cannot decide which creditors to list and which creditors to not list. All creditors must be listed.

Did you file Pro Se? If so, you'll need to find out what is happening with your vehicle. What did you put on your Statement of Intentions (SOFI) for that vehicle? Did you have your 341 Meeting yet? It's important as to what you put of your SOFI and whether you are taking the actions which you listed on the SOFI.

In general, there are two reasons that a vehicle is changed to another creditor, after filing bankruptcy. The first is when filing a Chapter 13. Most vehicle creditors will assign the claim (debt) to a company like Ascension Capital to deal with the Chapter 13. The second is when you file a Chapter 7 and do not reaffirm the vehicle. The creditor may, in that case, assign or sell the claim to another third party.

Since we don't know what you put on your SOFI, or if you were up to date on your payments prior to filing, there's no way to tell the intention of the creditor (and Trustee). If you are indeed Pro Se, there are a bunch of things that you need to do. One of the most important things is to get an account with PACER and to monitor it at least every other day until the 341 meeting. You may also ask the Clerk of the Bankruptcy Court about registering with the Bankruptcy Noticing center (BNC) for electronic notifications.

[ChristyA]

Good morning! I’m so sorry I didn’t this post sooner because it was moved. Anyway, my 341 hearing is tomorrow! I’ve called the company that is taking care of my car loan and spoke with them. It’s still Capital One but they are just “handling it” until after the discharge. Yes, I’ve been current on all payments, and my balance is caught up to date. I’m feeling a bit frustrated because my attorney has not really explained everything to me like I think he should have. He sent me an email on Wednesday of this past week with additional questions from the trustee which I will take care of today, because the email said that they are not “due” until 6/17 but that’s 3 days after my hearing! Anyway, I’ll get them all to him today. I posted another reply in the same forum that I had my original question before I saw this was moved so I’ll grab that and post it here also.

[ChristyA]

This was from the other section that I posted my original question in….


Good morning… I have my hearing tomorrow and I’m a bit nervous, although I’m not freaking out or anything. Anyway the trustee sent a request for more information on a few things and asked that it be sent in by 6/17, but the hearing is tomorrow! Is that odd or? Do they make the discharge determination at the meeting or later? I have a weird situation, and I send money to my spouse and step children overseas for support. So, they have some question about that and a few other things. But anyway, my lawyer doesn’t seem at all concerned… he just said “it’s normal”… I’m just wondering if all bankruptcies are basically granted discharge and this hearing is a formality? It’s all a bit confusing to me.

[justbroke]

This was from the other section that I posted my original question in….

I removed it from the other location to avoid duplicate or missing responses.

Good morning… I have my hearing tomorrow and I’m a bit nervous, although I’m not freaking out or anything. Anyway the trustee sent a request for more information on a few things and asked that it be sent in by 6/17, but the hearing is tomorrow! Is that odd or? Do they make the discharge determination at the meeting or later? I have a weird situation, and I send money to my spouse and step children overseas for support. So, they have some question about that and a few other things. But anyway, my lawyer doesn’t seem at all concerned… he just said “it’s normal”… I’m just wondering if all bankruptcies are basically granted discharge and this hearing is a formality? It’s all a bit confusing to me.

If this is your 341 Meeting, then your discharge will come sometime after 60 days following this meeting. That is just the way it works.

It's normal for the Chapter 7 Trustee to ask for additional information before, during, and/or after the 341 Meeting.

None of this affects the discharge date as the discharge date is fixed at 60 days post the 341 Meeting. (The discharge is entered with all due haste after the 60 days has elapsed. The only thing to stop a discharge is the United States Trustee seeking to dismiss the case for abuse.)

[ChristyA]

Thank you! I appreciate the education!