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  #1  
Old 11-24-2003, 09:37 PM
some man
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Question

Security and Obligations


What is the name of your state? Pa

A secured creditor may ask the court for relief from stay in order to proceed with efforts to collect the collateral pledged as security for the debt.
- If I am the secured creditor what exactly does this mean?

- Is a lien on a vehicle considered a non-dischargeable debt
in P.A.?

I appreciate ANY answers and suggestions. Thanx!!
  #2  
Old 11-25-2003, 09:32 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
It means exactly what I told you before, you can file a 'proof of claim' with the court to object to the discharge of the person's debt to you. You make you case with the Trustee and the court.

IS the lien recorded with the title ??

[Is a lien on a vehicle considered a non-dischargeable debt
in P.A.? ]

** The debt IS dischargeable, however, if he wants to keep the vehicle he HAS to keep paying for it, otherwise you get the car back.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 11-25-2003, 10:10 AM
some man
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Exceptions


I don't believe that he wants the vehicle. He claims that the vehicle was damaged before it was sold to him. It's my opinion that damages occured during his use of it (e.g. off-roading, racing, poor up-keep). Is this a subject that will be addressed with the courts? If it is, what are my chances of receiving the money instead of the vehicle out of this?

I GREATLY appreciate the info I have received so far from everyone.

I, Ladynred, especially appriciate your patience and taking the time to respond to my questions. I see how some of my questions may seem redundant but, I just want to make sure I've explored all of my options and cover ALL possibilities and angles.

Again, thank you.
  #4  
Old 11-25-2003, 11:55 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Well.. if he doesn't want the vehicle and doesn't want to pay for it, you get it back.

If you've got any witnesses or documentation as to the condition of it when you sold it to him, then you're on solid ground.

Don't blame you for asking questions.. especially when it means protecting your interests.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #5  
Old 11-25-2003, 01:07 PM
some man
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Exceptions


Ladynred, a follow up question, if you wouldn't mind.

Would the fact that he had the vehicle inspected 1 - 2 months BEFORE the contract was drawn up, signed and notorized be enough 'documentation' of condition? How about the fact that he also drove it, without contacting me about ANY doubts or problems with the vehicle, for approx. 10 months? Are either of these enough or, do I need to find other documentation?

Such as maybe: photos, receipts for paint or motor work.

As far as a witness, would a friend or family member work, or
does this need to be some type of 'official' ?



Again, I appreciate your responses and how quickly I received them. THANX!!!!!!!
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