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Filed Chapter 13 in Utah in 2009. The bank holding the loan

and title for our truck...
Filed Chapter 13 in Utah in 2009. The bank holding the loan and title for our truck waslisted on the creditors and was notified. They never filed a claim. We are about to be discharged and our attorney says they can now repo the truck? What can we do?
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Answered in 12 minutes by:
9/5/2012
Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31,796
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney.

To the extent that a debt is not fully paid under the chapter 13 plan, the debtor will still be responsible for these debts after the bankruptcy case has concluded. Thus, in this case, you will still be liable for the debt, and if you can't work out some type of repayment plan with the creditor, it can repossess the vehicle.

Thus, you need to get in contact with the creditor ASAP and see if you can work something out if you want to keep the vehicle.
Roger
Roger, Attorney
Category: Bankruptcy Law
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Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Customer reply replied 5 years ago


Also our attorney filed an application for compensation of attorney in the amount of $600! They are charging us for photo copies, voice mails left at our house and calls we made to them? Weren't our attorney fees paid at the beginning of the case? The trustee shows a few thousand going to the attorney!

How your attorney is compensated depends on the contractual agreement you signed with him at the beginning of your case. Attorneys charge by the hour, or by a flat fee, etc. - it just depends on what your agreement says.

I would question your attorney about the fees to make sure you don't owe any additional money. Sometimes, an attorney keeps his/her money in an escrow account (where yours should be if you paid up front). Then, the attorney makes applications for payment throughout the bankruptcy once he's accumulated fees and expenses. Thus, it may be that you don't owe anything extra - instead, he is just getting permission to take this money out of your account.
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Roger
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