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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 05-12-2002, 12:25 AM
Gutman
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Angry

Situation with auto dealer, credit repair.


We went Ch13 in August of 2001. We were protecting two mortgage payments in the Ch13. The mortgage company adjusted our claim as being only one payment behind. I was laid off in the fifth month of my 13 and had to convert to a Ch7.

After attending our creditor's hearing, we purchased a used vehicle through a Utah credit repair dealer. We fully disclosed our situation with the dealer and their in-house finance company. We selected a vehicle, got approval for the loan, signed the paperwork, and were given the keys to the vehicle.

Two weeks later, the credit repair finance company contacted our mortgage company only to be misinformed that we were $9000 in arrears. The dealership is now harassing us with multiple phone calls every week asking us to resolve the situation so they can "close the loan". Now, we have had possession of the vehicle for more than five weeks.

As we are working with the mortgage company to reconcile our pre- and post-petition payments, we have yet to resolve the issue. Our records show that we owe the one past-due (formerly Ch13 protected) payment and the current payment...much less than $9000.

The credit company (for the car) is now asking for a meeting with us and the mortgage company and demanding to know what we will do with our house, where we will live, and how much our payment will be. We are feeling extremely harassed by these people. We also believe that, whether it is I or the mortgage company who is wrong, they should have required and/or verified this information *prior* to performing an express contract.

What rights do we have with the dealer (to stop the harassment or return the vehicle for a full refund + plus zero mileage penalties) and the mortgage company (for mis-reporting our credit status)?

Kev
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