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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37846
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I filed bankruptcy last year and was granted the backruptcy

Resolved Question:

I filed bankruptcy last year and was granted the backruptcy but was forced to agree to buy back my 2000 Ford 150 for three times the amount of value. The payments were $345 per month for 10 months. After requesting, almost begging the trustee that I could not afford the payments and that the truck is only worth $1200 she did not care and has now filed a motion to compel debtors compliance with buyback. Can I file a response to the court and if so, what form do I use? This is my only transportation to work and back and I have already lost all my credit through bankruptcy including foreclosing on my home. This trustee will not even work with me to lower the payments
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

Is this a Chapter 13 or 7, bankruptcy?

Customer: replied 7 years ago.
Expert:  socrateaser replied 7 years ago.

There is no form to respond to the trustee's motion. You would simply file a "plain paper pleading" stating your response and your grounds for relief. You could simply declare that payment plan is impossible for you to satisfy, and then offer something that you think you could make work. Whether or not that would move the court to modify your discharge, or just let the vehicle go to the lender/dealer is unknown.



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Customer: replied 7 years ago.
Thank you for your help. I will accept your answer but another question please. I own the vehicle there is no lender/dealer. Can they repo the truck? What can they do to me if they do not accept my plea