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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
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Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I filed chapter 13 two years ago. I recently had a auto loan

Resolved Question:

I filed chapter 13 two years ago. I recently had a auto loan that matured and made and I made the final payment, this auto loan was included in the bankruptcy. The lender charged me fees and a bankruptcy expense fee after the final payment was made and is now stating a pay off of over 2000.00 more dollars. My question is...because these late fees were incurred pre-filing should they have been included in the bankruptcy?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 1 year ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Reasonable attonreys fees and costs can be allowed because of a bankruptcy case. The creditor will be monitoring the case, and courts have allowed these costs.

Terry L. :

Now, were you paying the monthly car payment directly to the creditor yourself or was the payment part of your payment to the trustee?

Terry L. :

If the note was paid directly by you, they will issue title once the payments are complete, including these extra costs.

Terry L. :

If the trustee is paying it, they will pay out based on the claim provided by your lender and your chapter 13 plan.

Terry L. :

The lender will issue title once your bankruptcy case is completed. (or if you have paid the original contract balance along with the fees and costs).

Terry L. :

So, they would be part of the bankruptcy if your trustee is paying the claim.

Terry L. :

If you are paying the note directly, you would pay them directly to get the tit,e

Terry L. :

title.

Terry L. :

let me know if you have any other questions.

Terry L. :

Thanks

Terry L. :

Terry

Customer: Thank you for your help. We are paying the trustee for delinquent payments that were incurred before the bankruptcy. We then paid the auto lender monthly payments until the loan was matured in November of 2012. I just received a default notice stating that there was an unpaid balance on the matured loan a couple of days ago. I guess my question is, that because these unpaid balance fees were incurred pre- bankruptcy, should this amount have been included in past due payments and been paid out over the life of the chapter 13?
Customer: thank you.
Terry L. : Yes, I agree, but the trustee pays based on the proof of claim the lender filed. If you have paid the post petition amounts due in full, and the trustee cured the default, then you may try to bring a motion for the lender to turn over title.
Terry L. : But, if these are proper expenses per contract, they could be in the right by withholding title until you are paid in full, incl. those costs
Terry L. : Consider filing that motion, or else bite the bullet to pay that remainder
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2543
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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Terry L.
Terry L.
Bankruptcy Lawyer
2543 Satisfied Customers
Better Business Bur 15yrs bankruptcy experience. Chicago Bar