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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 07-24-2005, 10:18 AM
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Join Date: Nov 2004
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Question

Chapter 13


What is the name of your state? Tn. I have a question regarding my Chapter 13 case. I filed in February 2005, had my hearing in March 2005, no objections from the trustee or anyone: all unsecured debts, except for my car which was to be paid outside the plan. No one objected: was filed that way, everything I received from the courts said this was being paid outside the plan. Now, months later, it seems my attorney's office has choicen to file a claim for the car, a month after the deadline to file, without consulting me or anyone. Is this legal? Can they just chose to file a claim for me, without consulting me, just because this debtor did not file a claim? as this was being paid outside of the bankruptcy. Now, the dealer for the car is not very happy, as this is not a lease or a buy here pay here place--but a rent-to-own (new concept I know) without being charged interest. I am unable to contact my attorney until Tuesday, as I am out of town tomorrow, but was wondering what my options are. This car was set to be paid outside the plan and has to be paid outside the plan or I will lose the car. Any suggestions?
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