I relocated back in 2005 and ended up filing BK Chap 13 because I could not find a job here in Missouri.?

Question

After 6 months, I finally got a decent job and now 3 years later I an unemployed again due to a company closure. I would like to file Chap 7 bk, but am not sure how it would effect my car situation since it has been charged off in the Chap 13? Would I have to return my car or can I continue making payments on it. Wells Fargo will not tell me anything. What can I do?

Answer 1

bdancer 2 is correct, you need to contact the attorney handling your chapter 13, it is either discharged or if you are still in the plan pay with the courts, your attorney handling your case can convert from a chapter 13 to a chapter 7  (there is a fee for this) if you now qualify due to the loss of the income. Your attorney is the one you need to be contacting. Wells Fargo will not advise you on what to do, they will just want the payments. If the payments are not current, chapter 7 won't help you, they have to be current to re-affirm on the loan. The attorney handling your chapter 13 will be able to tell by your case# and looking it up thru the bk court website on how much has been paid on the vehicle if this was paid thru the plan pays. Good Luck!

Answer 2

No car payment = repo

WF isn't going to tell you anything because they know what they're going to do which is repossess your vehicle.

It's rough with the job situation and all but what you can do is do a job that's not what you want but what you need just to keep your head above water.

Answer 3

Are you still in Chapter 13 or has it been discharged?  If the vehicle was included in your Chapter 13 and it's been discharged, the loan should be paid in full.  

You should contact your bankruptcy attorney to see if you can go to chapter 7 and reaffirm your car loan.  The lender certainly isn't going to help you with bankruptcy info.