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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 01-27-2009, 01:13 PM
allenfive
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Lawyer did not inform me properly HELP ME QUICK!!


What is the name of your state (only U.S. law)? Georgia

First of all my lawyer did not properly inform me of everything when I filed Chapter 7. He knew that I had been involved in a hit and run accident and had to have back surgery and I am still having problems. Therefore he knew the only income I had was my spouses. I STUPIDLY took out a title pawn loan to help me when I started working on a commission based job. Well after my accident I could no longer work. I paid every month faithfully until it came to the point of feed my kids or pay for my vehicle. I went to him about him and told him that what my situation was and I needed to keep my vehicle to get back and forth to my doctors appoint. I was not sure of which to file so he chose what he thought was needed in my situation. My bankruptcy was discharged on the 13th and titlemax picked up my vehicle on the 13th. I called him that night and he was going to get to work on it on monday. Well they call me today and tell me that since I was not making payments like I was suppose to (which I thought the vehicle was exempt) they are selling it today. I am sooo upset especially since the day of the court hearing I asked him outside of the court room if my vehicle was safe now(noone at titlemax showed up) and he said YES. I then asked him about my truck title. He said if they do not return it immediately he would take care of it. AND I LEFT SEVERAL MESSAGES BETWEEN THEN AND DISCHARGE FOR HIS SECRETARY TO CALL ME ABT THE TITLE AND I WOULD HAVE FOUND OUT ABOUT THIS AND MAY NOT BE IN THIS SITUATION!!! I thought this was exempted. Is there anything I can do?? Thanks
  #2  
Old 01-27-2009, 01:50 PM
allenfive
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Also if anyone can tell me this.....in Georgia if a title pawn repos your vehicle arent they supose to send out a 10 day letter informing you of your rights before it is sold??
  #3  
Old 01-27-2009, 02:33 PM
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TitleMax has a secured interest in your vechicle. Once you're discharged, they have every right to repo. You must pay secured debts at 100% or, surrender the underlying collateral.
  #4  
Old 01-27-2009, 02:37 PM
allenfive
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Originally Posted by bigun View Post
TitleMax has a secured interest in your vechicle. Once you're discharged, they have every right to repo. You must pay secured debts at 100% or, surrender the underlying collateral.
yes I DO realize this that is not what I am wanting to know about(not trying to be rude) I am tryin to find out about my lawyer misinforming me!
  #5  
Old 01-28-2009, 01:41 PM
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Originally Posted by allenfive View Post
yes I DO realize this that is not what I am wanting to know about(not trying to be rude) I am tryin to find out about my lawyer misinforming me!
Your BK lawyer should have told you about your option to re-affirm the debt on the vehicle. Would you have been able to pay that debt after the BK discharge? If not, there might have been no point in telling you about it.
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