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Attorney2020
Attorney2020, Attorney
Category: Bankruptcy Law
Satisfied Customers: 2577
Experience:  I am a practicing attorney. I have experience in business law, real estate law, bankruptcy and estates.
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This is a complicated situation. My disabled wife and I live

Customer Question

This is a complicated situation. My disabled wife and I live in a 5th wheel RV. About a year ago I had switched jobs, and my car (were paying on it and into it, was a money pit)) finally broke down. I couldn't keep up with all my payments, so after thinking and talking it over, I didn't want to lose my home so we filed a chapter 13, and surrendered the car. We carried that through until last April-May when I could no longer make payments. The cased was dismissed. I called the bank a week ago to attempt to make payment arrangements to bring my 5th wheel current. They told me they had not received a payment on the 5th wheel for almost 2 years. When I questioned about the funds that were paid through the bankruptcy, I was told that all went toward the balance owed on the car. We set it up, and it's on the paperwork, that the 5th wheel was supposed to get payments, not the car, that was surrendered. I called the lawyer we had for 13, he told that he could not stop the re-allocating of funds after the case was dismissed, but the last payment the bank got for the 5th wheel (went to the car) was in March, while we were still under the plan. Is there something that could be done to stop the bank from taking the 5th wheel? They give me a week (1/25/16) to either come up with $1650 (half of owed amount) by next Monday or they will repo it. It is our home, I had no idea that 13 wasn't paying for it, or I would have fired that attorney and hired another, now I am in a bind! I start my new job on 1/29/16. Won't get much of a first check, it is all minimum wage training. Is there a way to have the bank put the funds where they were supposed to go originally? I am currently unemployed and down to my last $8.00
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  Attorney2020 replied 10 months ago.

The only way to reallocate funds would be to attempt to reopen you chapter 13 bankruptcy. Perhaps a pro bono attorney service could assist you In this bankruptcy issue for free as some pro bono services offer free services to clients in bankruptcy.

Here are volunteer bankruptcy attorney groups in Washington that could assist you making a motion to re-open your bankruptcy and reallocate funds: http://www.advocateresourcecenter.org/oppsguide/search?natl=&StateID=50&c=&a=20&p=&t=

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 10 months ago.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for y time. I thank you in advance for your cooperation.

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