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Dismiss Chapter 13, want to save car

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Aster

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Post Posted: Thu Feb 02, 2012 3:19 am    Post subject: Dismiss Chapter 13, want to save car
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Hello… as per the advice of my attorney, I am letting my Chapter 13 bankruptcy to get dismissed. The only debt I had was some credit cards and my car; I was NOT behind on anything. The attorney convinced me a Ch 13 was the way to go. After filing, I missed one payment and now I'm in a 9-month-doomsday period. I won't be able to pay this coming month due to medical bills so he advised I stop paying and let my case get dismissed. My ONLY concern at present is losing my car; I called the bank and they said 'wait it out' you can't do anything until we find out that your case has been dismissed. I am making myself sick in worry over losing my car. I CAN'T lose my car...anyone have any ideas, suggestions, ANYTHING??
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Icon Mini Profile jerry
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Post Posted: Thu Feb 02, 2012 3:51 am    Post subject:
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Hi Aster,

It is true that unless your bankruptcy gets dismissed, you won't be able to get any help from your car lender regarding your car. Once your bankruptcy filing is dismissed, you should immediately contact your car lender and set up a affordable payment plan to pay off the loan. This will help you in saving your car.

Thanks,

Jerry
Icon Mini Profile adonis
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Post Posted: Thu Feb 02, 2012 9:52 pm    Post subject:
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Hi Aster,

I agree with Jerry!! Unless your bankruptcy filing is dismissed, the car lender won't take any steps to help you in saving the car. They won't touch an account which is in bankruptcy filing. You should contact your car lender and check out for payment plans immediately after your bankruptcy discharge.

Thanks

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Icon Mini Profile gmakerley
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Post Posted: Mon Feb 06, 2012 1:22 pm    Post subject:
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Aster, it appears to me that you've already had conversations with the lender on your car loan. It's perfectly understandable that you don't want to lose the car, and it would seem that the lender would want to work with you in accordance with your wishes.

I'd suggest that you discuss your situation with another attorney, given what seems to have been poor representation from your existing attorney. You can also approach the bankruptcy court in an effort to discuss with them what options you may have. Since there is a disconnect between you and your lawyer, the court will undoubtedly wish to get involved in order to rectify things.

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