Conflict of Interest? Re: Bankruptcy

[sunspotbabi]

I was divorced 6/2001, ex has a van that is in my name ONLY, he's supposed to pay on it on time not during the grace period. He is a collection manager for the bank that holds the note. I filed bankruptcy and called the bank and said repo it. I am currently residing in another state. The bank said they couldn't repo it until it was late. Well he hasn't paid since Feb. 25th andthat payment was late, as was the one in Dec. which I received a late notice for and was the icing on the cake to file the bankruptcy. Anyway I faxed something to the bank telling them to pick up the van. They still have not done so, I called my attorney and told them to fax whatever it is they say they need. Anyway, is this a conflict of interest? I know I am not liable but let's face a huge deficiency in a bankruptcy doesn't help you down the road and if he wants the van, why doesn't he refinance it? So anyway my question is, is this a conflict of interest? AND I happen to be going to that state next week, if he's still driving the van I can repo it (I have a key) and turn it in right? Thanks.

 

[dorenephilpot]

If you are filing a bankruptcy and not reaffirming on the van, then who cares when they go pick it up?

If you file BK and he also doesn't pay, they'll go get it when they want.

So, relax and don't worry about this. It's the creditor's problem, not yours. OK?

 

[sunspotbabi]

I care because I have turned the van over to them and they refuse to take possession. Also they are talking about doing a lot of things that will run up the deficiency and it will look bad on me later on when I re establish myself. It's just a crock under normal circumstances the bank would have picked it up, if it was Joe Smith and he needed his vehicle they would have gotten it when he was 10 days late.

 

[dorenephilpot]

Oh, that's probably a teensy tinsy bit of your motivation, but from what I see in your posts, here's what I think your real motivation is:

You hate your ex so much that you simply cannot STAND the thought of him driving around in a vehicle for free. That mere thought has you in literal agony.

FYI, NOTHING looks worse on your credit than a bankruptcy. The fact that he drives the van for a little while longer, thereby reducing its value and making it look like you owed even more to the bank, matters not a bit, as far as your credit is concerned, in light of the fact that you have a bankruptcy on your credit report.