If you don't don't make your payment; they sure can. Chapter 7 bankruptcy doesn't last 3 years anyway. Once the automatic stay is up (meaning, you received a discharge) or the case was dismissed. They can do anything they want. In fact, they can file a motion to life the automatic stay and take the car as quickly as the judge approves it.
No, unless the creditor gets relief from stay or the bankruptcy is dismisssed.
To avoid bankruptcy, one should set up a plan with the creditor. If your creditor accept it, then no need to go to court and declare bankrupt. Alternatively one can go to higher cost lender.
The Utah vehicle exemption is $2,500.
It really depends on the type of bankruptcy petition you file. If you file for Chapter 7 bankruptcy the creditor who put the lien on your car may be able to take your vehicle. If you file for Chapter 13 bankruptcy you'll have the opportunity to make payment arrangements with your creditor and in that case you should get the title back after all of your payments are made and your amended. contract with the creditor has been fulfilled.
yes
You should not get a 1099C if the deficiency was discharged in a bankruptcy. Otherwise, you should have gotten one by now.
If it's a small-claims case, answer that the debt was discharged in bankruptcy and attach a copy of the discharge order. Otherwise, contact an attorney to either provide a similar answer *or* take the creditor to Federal court for violating the discharge.
It depends. Depending on the interest of the Trustee in Bankruptcy, and whether or not they have abandoned the property, will determine whether or not the debtor in Bankruptcy will be permitted to take the property if the creditor has abandoned the property. Bottom line is that it depends on the facts, contact your Bankruptcy attorney or a reputable Bankruptcy attorney to get more information.
If you quit making payments your creditor will reprocess it, the same thing will happen if you just take back to them yourself. Anyway you do this it will show on your credit report. The best thing would be to try and sell it or get someone to take over the payments. You can call the creditor and tell them you do not want it. As long as it was incldued in your bankruptcy and not reaffirmed they must take it back. It can only be marked on your credit report as discharged through bankruptcy not taken as a repo. I did this with my car. Yes, you can do that. You will have to pay a dime. It wll be listed as backruptcy, not a repo.
No, the court discharge of the debt means it no longer exists! The filing of the bankruptcy prohibited every creditor from taking any action to collect (other than those required to the bankruptcy court). Of course, you had to handle your BK properly, and list all your creditors and all your assets, etc....if not you have lied to the court and they don't look at that too well.
3years
3years?