newbie here, help

i filed a chapter 13 back in nov 2001, at confermation there was a problem with my dump truck(insurance) so i told my attourney to let them have it back so he did.
my confermation was confirmed and i made my payments.
my question is, thay never came and got the truck it sat here till mid april, on a sunday the repo man came to get it he was in a pick up, the dump truck weights 21000 pounds he could not move it, the bank called me that week and ask if i would drive it to them, i told them no cause it had no plates or insurance so thay hung up. the next week thay wanted to hold an auction in my yard and again i told them no. a month later thay called again and ask what could be done to resolve this issue, i told them that if thay lowered the payment and let me carry pl/pd insurance i would make a few payments and put the truck back to work, i told her that i could only make payments when i had the extra money and thats what i have been doing. i went in back last november and made five payments to get thru the winter, all was fine.

the payments are only 118.00 a month. the repo man came last week to get the truck, i would not give it up so thay left. now i have a court date for next week, is this verbal contract with the bank binding or am i just s.o.l.


thanks randy

Are you still in bankruptcy? Is you truck listed in your plan? If so, is it listed as "secured" or "unsecured"? Does your attorney know that you are paying the bank?

the bank ruptcy is over, and the truck was not in it, and the attourny knows i was paying on the truck. randy

ps i have payed on this truck as agreed by me and the bank for almost two years.

Since your truck was not included in your bankruptcy, that part of it doesn't matter. Basically, you owe the debt. Now, are you going to court because they are suing you? Is the original payment $118, or is that what you are paying now? Do you have anything in writing about your agreement with the bank?

the payment was 218.00 then she lowered it to 118.00 and i made the payments just like i said i would, but now that the bankruptcy is over thay want the truck back for the payments that were missed when the truck was just sitting for six months.

Are you going to court because they are suing you?

well guys i wewnt to court tues and the judge was on my side. A VERBAL CONTRACT IS BINDING. i get to keep the truck and pay as agreed. thanks all randy. [url]www.pavingservice.com[/url]

[djohnson]

I'm still trying to figure out what state OP is in since not only was it not answered, but the question deleted.

michigan.