Legal Question in Bankruptcy in Alabama

Reposses after discharge 3 years ago.

After filing Chap 13 and being discharged over 3 yrs ago, a creditor who was listed for a secured loan did not ever file with the court. Now the creditor is wanting to reposse the vechicle. Do I have any rights? what would my options be?

Thanks for the help.


Asked on 4/01/04, 10:44 pm

1 Answer from Attorneys

Randal Ford Ford Firm

Re: Reposses after discharge 3 years ago.

Usually, in a Chapter 13 that has been discharged, the secured creditor would have been paid the ENTIRE amount of the debt it was owed through your monthly payments in the bankruptcy plan UNLESS your petition states that the secured creditor (usually a moble home, regular house or automobile that cannot be paid "inside" of the time period of your plan)and is being paid OUTSIDE the plan, i.e. you are making a SEPARATE payment to that specific creditor instead of the creditor getting paid through the bankruptcy court by the Trustee.

Because of the nature of your situation, you should IMMEDIATELY contact you former bankruptcy attorney to determine the "status" of that claim in your bankruptcy case. The attorney's answer will let you know where you stand.

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Answered on 4/02/04, 7:12 am


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