Question Any help appreciated.

[Purplefairy]

In 2006 we filed ch.13 everything was going fine with it till April 07 when I was diagnosed with cancer. My lawyer tried to file a hardship but it was rejected and so the bk was stopped we got the final paper work in Sept 07. We had our house and a pickup that we had been making payments on through the bk. Our lawyer told us to not worry about filing till we got repo or forclosure paper work on either the house or truck. Now here we are in 2010 and we haven't heard anything on this from either company. We have made no payments on either. We have talked to our lawyer a couple more times since and every time he says not to worry about it till we hear from them. My question is has this ever happened to anyone else? I admit we really didn't pay alot of attention to it while I was in Chemo and radiation and just concentrated on me getting better but now...
We can't figure out what is going on. On our credit report the company we bought the truck from shows it paid off and that they repoed another car from us which isn't true. But of course they still have the title.
Thanks,

[Flamingo]

You paid into your former Chapter 13 plan $X amount of dollars from the time you made your first payment to whenever the last one was. That amount was paid to creditors and deducted from your Plan amount; but when your case was dismissed, your chapter 13 reverted back to where you were prior to filing, minus what you paid into the Plan that went to creditors. Not knowing what was/was not paid, in what was possibly a year's time, more or less, your truck could have been paid off. Your final BK paperwork would indicate all that and if you don't have a copy, I certainly would get one from your attorney as a starting point to figure out what is going on.

What does your mortgage company show on your credit reports? You just mention the truck. But whatever the case, eventually all this will get caught up and you may be hit all at once with all sorts of stuff so it's best you try to figure out first through some documentation where you are - I am amazed if you were making mortgage payments outside of your plan (assuming so) that you have not received anything in the mail from them or phone calls, especially after the dismissal of your Chapter 13. It will all eventually be found if it is an error so prepare yourself.

[catleg]

You can sign up for Pacer here, then look up your case (8 cents a page, be careful, it adds up) and see what distributions were made by the chapter 13 trustee to your creditors.

[Purplefairy]

The house and the truck were in the bk plan. There is no way we could have paid either one off in that time I think according to our papers we owed 9000 on the truck and we live in a trailer that was on a regular loan not a mortgage we owed 18000 on it. We were in default on the home so that is why we had to do a chapter 13. It had already been turned over to a lawyer for sale. So once we filed it stopped all those proceedings.
I appreciate your help. I know its something we will have to take care of but just curious as its been over 2 yrs and we haven't heard anything.

[Purplefairy]

Well its been 2 yrs since I last posted on this. Coming back now to learn how to clean up our credit.

[df04527]

Wow....is the house still in your name in your county's records? Was also wondering what will happen if you ever need to trade that vehicle in.

[SMinGA2]

Sometimes it is not worth the creditor's time & money to repossess.

We filed ch. 13 in 12/09 with 2 vehicle loans with USAA. (And didn't put nearly as much time & planning in before filing as I did in the months after - oops.) Anyhow, in January the car died. The balance on it was only $1500 but it wasn't worth paying in to figure out exactly what was wrong with the engine and repairing it. Hubby's truck needed transmission work, and we thought it worthwhile to rebuild the transmission and keep it. Ended up dismissing the 13. Could not talk USAA into coming to get the car. (In that phone call I did mention the truck needing transmission work, did not say we intended to take care of it - so maybe they assumed both vehicles were dead.) Anyhow, they wouldn't come and get it and never sent us much about payment. We ended up having the car towed off so we could cancel insurance & registration, fixing the transmission and I made some (lower than contract) payments on the truck. It continued having more issues, we decided to pour no more $ into it - drive it until they came & got it.

Here we are, June 2012. They sent a 1099-C (forgiveness of debt) in January on each vehicle. They simply won't put any $ into it, I guess for fear they wouldn't make enough back to make it worthwhile? We still have the 14mpg (on a good day) truck and it gets driven as needed. Hubby is working & saving up $ to replace it as its needing more and more little things as time goes on. Things that are necessary (tires, brakes, etc.) we fix. Things that are not (ABS system no long works, but regular brakes are sound; speedometer doesn't work, A/C has issues, etc.) crucial are left as they are.

We can't trade it in unless we have the title, and we won't get the title unless we pay the balance according to USAA. ($11k and some change.) Fully repaired it would probably generate only $7-8k in trade in value anyhow. So we'll probably wait til hubby has enough $ saved and then manage to get it impounded...

Ironically - USAA just in the past month assigned our credit card accounts with them to a collection agency. I talked to someone from there the other day, told them our finances are tight and we anticipate filing ch. 13 again by the end of the year. (Only if someone forces our hand, and I'd like to be able to wait until my last student loan disbursement hits to pay for spring '13 so I can graduate.)

[Purplefairy]

We are now 6 yrs after the dismissal of our chapter 13. It was just a conventional loan and even the bank is off our credit report now. Can anyone tell me how long I have to wait to try to get the title to the land. The mobile home is now 20 yrs old. And its less than a acre that it sits on. Is there a statute of limitations? Neither the car company or the banks is on our credit reports. For a couple years there was a collection that the bank had sold to a collection agency but now its even of Thanks in advance

[keepmine]

If it was a personal loan and not a mortgage then the lender likely didn't perfect the lein.
Were I you, I'd spend a few hundred bucks on a consultation with a real estate attorney and find out if that's the case. If so, the property may well be yours.