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NY/MA Attorney
NY/MA Attorney, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16
Experience:  20 years experience practicing Bankruptcy law
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My husband filed a Chapter 13 bankruptcy that was later changed

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My "husband" filed a Chapter 13 bankruptcy that was later changed to a Chapter 7. In the Chapter 13 we were to send payments to the "trustee" for our outstanding credit, which consisted of both his car and my car payments. When the attorney then filed for a Chapter 7, he told us to "stop" making the trustee payment. MY concern was that MY car payment was included in the trustee payment, and if we stopped making payments to the "trustee" that they may repo my car. ( my husband was letting HIS car go back ). My attorney never told us what to do or returned any of our calls or emails and in the end MY car was repossessed. My husbands was not. We were told that "no letter of intent" was filed on MY car, but the leinholder on HIS car was under the assumption he was keeping it. My leinholder said he failed to contact them and did not file " a letter of intent to pay". I got my car back after paying all the back payments but now it shows I was 8 mo late on credit report. What can I do?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  NY/MA Attorney replied 5 years ago.
When your husband converted his case to a Chapter 7 you needed to start making car payments directly to the lender. What you should do is challenge the information contained on your credit report. When your Husband filed for Chapter 13 Bankruptcy you were included in the co-debtors' automatic stay and you should not be credited with any late payments during the Chapter 13. To the extend that the payments were late prior to or after the Chapter 13, this information will probably stay on your report. You can send a letter to each of the credit reporting agencies describing the circumstances that you set out above. The credit agencies will be required to give your letter to anyone seeking a credit report.
Customer: replied 5 years ago.

 

So does that mean I do not have any "recourse" as far as the attorney is concerned for not answering this question for me asked to him on numerous occasions in phone calls and emails? I did not know "where" to send the payments to since I had been making them to the trustee for so long and HSBC would not take my calls. The automated line would just say I had to contact my attorney since acct was in bankruptcy. There was also an arrearage that was accrued due to while making payments to the trustee that I also had to pay. In addition HSBC said IF the attorney had sent a letter of intent to pay I could have made payment arrangements, but he did not submit the letter of intent to pay. I think he sent it on the "incorrect" car because my husbands lein holder on his car got notification he was keeping it. Do I not have any recourse of action against the attorney that we paid a huge amount of money for not doing the "one" thing we asked...to take care of MY car in this proceeding?

Customer: replied 5 years ago.

 

My car would not have been repossessed it he had filed the "letter of intent", so since he did not it has caused us all this greif and a ruined credit report. Shouldn't he be responsible for something? Is there not someone I can report this to?

Customer: replied 5 years ago.

 

My last car payment to trustee was in April. I began making car payments DIRECT in June. Car was repo'd due to the 8 months that my husband was in Chapter 13 the trustee only makes "partial" payments, not the full payment, ( of which I was not aware )so this is the $1800.00 arrearage they claim I was behind on my car, so w/o any notification they came and got my car. I got it back after paying the "arrearage" impoudn fees etc, but shoudn't I have been "protected" since we were in Chapter 13 and now Chapter 7? If I had wanted my credit ruined, I could have filed for bankrupcy along with my husband. HSBC claims that it was because my attorney didn't file the "letter of intent" for me to keep the car and make arrangement on arrearage. So credit report shows the 8 mos were in Chapter 13 as late payments. This is a mess and I don't knwo what to do.

Expert:  NY/MA Attorney replied 5 years ago.
If you challenge the information on your credit report you should be able to have this negative report removed. There is a good book published in 2007 by Nolo Press called Credit Repair. You can find this book in any large bookstore. The book gives you step by step instructions and sample forms to help you deal with the credit reporting agencies and HSBC. If the late payments are allegedly when you husband was in Chapter 13 then the information should come off of your report. The "letter of intent" (and I don't know what that is) has nothing to do with this. If your husband's Chapter 13 plan, as approved, called for making payments to the HSBC then they are assumed to know what is in the plan, because they are bound by it. If HSBC did not know what was in the Chapter 13 Plan then it is their mistake, not your Attorney's. If you cannot clear up you your credit report on your own you should seek the advise of an attorney knowledgeable in this area, you may have a case against HSBC for negligence.
NY/MA Attorney, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16
Experience: 20 years experience practicing Bankruptcy law
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