QUESTION
Was I supposed to do something on my behalf to have it reinstated or was that up to my lawyer?
Asked on Feb 20th, 2013 on Bankruptcy - Florida
More details to this question:
I filed for bankruptcy 2008 and did not put my car into the bankruptcy. However, the bank that I have my loan with states that my car is in bankruptcy. At the hearing the trustee asked if my car was being reinstated and I answered yes because I will be keeping it. I kept the car for work purposes and also to help me build my credit, here it is four years later and my credit isn't any better in spite of the fact that I'm never late with a payment nor have I ever missed a payment. My lawyer's office told me that my car will be out of bankruptcy when I have paid my final trustee payment. My husband gave up his truck at the same time and his credit is on the way up and he also purchased another car and I've been turned down twice.
2 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You have an attorney for an apparent active chapter 13 case.
Answered on Feb 21st, 2013 at 11:13 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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I'm afraid that you did not understand something. When you file bankruptcy you are REQUIRED to list ALL OF YOUR DEBTS and all of your ASSETS. Apparently, your bank learned about the car even if you didn't list it AS IT SHOULD. It sounds like you are in a Chapter 13 case if your making payments and you MUST obtain COURT permission to finance a car. I'm not sure you completely understand your obligations and the requirements of a Chapter 13. If you filed a Chapter 7, then if you were discharged you don't owe the bank any money, but if you fail to make all the payments they can report the car (they just can't come after you for any deficiency).
Answered on Feb 21st, 2013 at 11:04 PM