Better ask your B/K attorney on that. OR the LENDER. IN FILING CHAPTER 7, YOU CAN KEEP THE VEHICLE AS LONG AS YOU CAN MAKE THE PAYMENTS. HOWEVER, IF YOU DID NOT RE-AFFIRM THAT LOAN AGREEMENT, YOU MAY SURRENDER THE VEHICLE TO THE LENDER. SINCE IT WAS INCLUDED IN THE BANKRUPCTY, YOU WILL NOT BE RESPONSIBLE FOR ANY FURTHER MONEY OWED TO THE LENDER. IF THAT LOAN WAS RE-AFFIRMED, YOU CAN STILL SURRENDER THE VEHICLE, BUT WILL HAVE TO PAY THE BALANCE THAT REMAINS ON THE LOAN PLUS ANY FEES, TOW, ETC.
If all you did was sign the "Statement of Intention" saying you intended to reaffirm the debt, and did not in fact reaffirm the debt with a reaffirmation filed with the court, and did not continue making car payments after the date of filing, the secured debt survived the filing and you are not entitled to the title until you pay the loan off. The lender can repossess the vehicle and sell it. It's not a question of what the court did, but what you did or did not do with respect to the loan.
You are not clear about who you're making payments to: the mortgage company for your mortgage, or to the association to pay assessments that are in arrears. If you mean payments to make up arrears, and the association filed a lien on your title, review the agreement that you made with them about making payments. It's possible that filing a lien is part of your agreement in some way. Or, that the association has filed a lien against you in error. If you mean payments to pay your mortgage, and you are not paying your assessments, your association filed a lien to collect monies that you owe in past-due assessments. (You have to pay both: mortgage and assessments.) If your assessments are up to date, check with the board to better understand why a lien has been filed by the association on your title.
Go to where the bankruptcy is filed and have the file pulled and there will be an accounting of all the debts and payments being currently made. It is public information.
When you either voluntarily give up the house or you stop making payments (foreclosure).
I don't know about California, but if you filed bankruptcy, you do have to answer to a Judge as to your actions, the non-payment, and/or concealment. The loan was secured by the car so if the Judge sees that the car is worth what is owed--you either reafirm and make payments or you give the car back.
My sister filed and was discharged in a bankruptcy, she did not reaffirm the house. She has moved out, she has homeowners on the property but is it still good if she does not live in the home.
Home ownership is shown by Deed, which you should have received when you obtained the property and which should be filed with the County Clerk.
When you co-sign on a loan or mortgage for someone, you are promising to make the loan payments if they can't. When someone files for bankruptcy, they are claiming that they cannot make their payments. It would stand to reason that if someone you co-signed on a mortgage for files for bankruptcy that you would then be liable for making the payments.
It's not impossible, but it is highly unlikely. Lenders will probably not view you as a "good risk." The ususual procedure is to reaffirm the loan and make arrrangements for catching up on missed payments with the original lender.
IF its filed properly,NO. Why not ask your B/K attorney this question??? That's what you pay them for.
Open Bankruptcy means that your petition has been filed, but you have not yet received your discharge papers. The discharge papers officially relieve you of your debt.
You will be responsible for the loan payments
Contact the courthouse where the will was filed. They will tell you the cost of making and sending a copy if it is available.
You guaranteed to pay the loan if the primary borrower does not. That is what a cosigner does. The lender is going to be looking at you for their money.
Until you either "reaffirm" the loan, or until your bankruptcy proceedings are over and you are told by the court to turn the vehicle in...usually 3-6 months. Additionally, to "reaffirm" your car loan commitment, you will have to pay all late payments before the end of the court proceedings...usually in 3 to 6 months. Until that, the creditor may not be able to get your car. Not too technical here, but the creditor can file a "Motion" to take your car and if the judge thinks you won't be able to fulfill your obligation, you lose. try www.nolo.com
You may be able to reaffirm with the lender. Contact them and explain the situation. It might be necessary for you to fill out a credit application, and be able to show you can pay. But take your records of past payments to show your history.
The question cannot be answered without speculation. The only way to find out what the lender would be "willing" to do is to contact them and negotiate a deal. When you filed for bankruptcy, you should have filed a document called a Debtor's Statement of Intention. You have 3 and sometimes 4 options: (1) return the vehicle; (2) reaffirm the debt and keep the vehicle by making the payments; and (3) redeem the vehicle by making a cash purchase for the fair market value (even if less than the amount owed). Some jurisdictions have a fourth option that allows you to simply keep the vehicle and make the payments without reaffirming the debt. If you kept the vehicle and failed to make payments, they would have every right to repossess the vehicle. They just couldn't go after you for the deficiency balance after selling it at auction. If you offered them enough money, they might be willing to you purchase the vehicle now.
Yhe lender cant do everything at once,they will get around to you and your car.
Not necessarily if you are already in a lease and making your rent payments on time. It is, however, not hard to find out if a person has filed for bankruptcy if your landlord runs your credit or checks because it is a public record.
That is not generally a reason to reduce child support payments. The child support guidelines where the case is filed will still be used. You should visit the court with jurisdiction and inquire there.That is not generally a reason to reduce child support payments. The child support guidelines where the case is filed will still be used. You should visit the court with jurisdiction and inquire there.That is not generally a reason to reduce child support payments. The child support guidelines where the case is filed will still be used. You should visit the court with jurisdiction and inquire there.That is not generally a reason to reduce child support payments. The child support guidelines where the case is filed will still be used. You should visit the court with jurisdiction and inquire there.
If you mean the c. 7 was dismissed before you got your discharge, you may not have to reaffirm. Everything goes back the way it was before you filed. If you mean you have not received reaffirmation documents from your lawyer or the mortgage company and you have received your discharge, the discharge only applies to the unsecured debts, not the mortgage, and if you signed the "Statement of Intentions" which said you were reaffirming the mortgage, don't worry. You did what you needed to do. It is up to the mortgage company to get you the paperwork, especially if you did not have a lawyer. They may not bother as long as you are making the payments on time. They may be waiting for you to make a late payment or miss a payment, at which point the lack of a reaffirmation agreement may come back to haunt you. This issue depends on your state law regarding the effect of bankruptcies where mortgage contracts provide for automatically bringing the whole balance due forward. Many states prohibit foreclosures in those circumstances, but not all. Talk to a bankruptcy lawyer in your state.
You can give back the home to the lien holder without going through foreclosure. You just need to make arrangements with the lender. It is not smart at this point to surrender your house after so many payments.
You can stop a pending repossession on a car by filing Chapter 7. However, you will have to find a way during the automatic stay [i.e. the period of bankruptcy protection] to pay back past due payments, or else the auto lender will file for relief from the automatic stay to repo the car back. You [or your attorney] might have to tell them [thru a filed Statement of Intentions] that you intend to reaffirm the debt and work out a side agreement called a reaffirmation agreement, where you can make up the past due payments.
The party that filed bankruptcy will be protected as far as the collections process is concerned. The bank will in response expect the party who has not filed bankruptcy to make all the remaining payments. If this happens, you may want to consult with a lawyer ASAP so that you are making payments on a house that will be co-owned by an X.