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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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A person purchased a car from me and later filed chapter 13

Customer Question

A person purchased a car from me and later filed chapter 13 bankruptcy. It has been three and a half months since that person made a payment. She still owes $700.00 on the car. Can I collect from her?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
Is the Bankruptcy still in progress?
Customer: replied 5 years ago.
Yes, her lawyer filed for her February 28, 2012.
Customer: replied 5 years ago.
Relist: Other. A fifteen minute wait was promised but I have been waiting almost an hour. Please drop the question and I will have my payment stopped. I like to be answered when promised. My time is valuable. Thank you.
Expert:  lawjeff replied 5 years ago.
In a Chapter 13 case the debtor frequently has to pay at least some money to all creditors. In order to make sure you get the payment you are entitled to receive you should file a Proof of Claim.

Another possibility is an adversarial complaint to determine that the debt cannot be discharged due to fraud, but such a lawsuit is not economically feasible given the amount of the debt.
Customer: replied 5 years ago.
How do I file a proof of claim?
Expert:  cfortunato replied 5 years ago.

Do you have a written agreement with this person that you can take back the car if you are not paid?