I do not think this sound right, but I can not go to my Attorney, unless
I pay him more money, and I do not think that is right either, so that
is why I am asking, these questions.!! Here is what has happened. Please
if this sounds right tell me, and if not, please tell me also.
In July of 2001, my wife and I filed chapter 13... My truck was included
in the plan and I was paying the Trustee 1105 a month. $600 to the
trustee for the plan and 505 was for my truck.... Then in Jan of 2002,
this was amended, and I was to pay 500 to the trustee and nothing to my
truck.... Then in Feb., it was amended again, and I was to pay 600 to
the Trustee, and my truck was taken out of the plan and I was to pay
555.29 a month towards my truck.
In July 2001, it was decided by my attorney I would pay $15555. at 9%
for my truck... then in at the meeting it was decided my truck was worth
$20029. at 7.5%...
Well, I asked my attorney in Feb., of 2002, if the trustee was going to
pay the 7 months of payments that I thought was to be going on my truck,
to GMAC, my attorney said, that would be up to the Trustee. Then in
March of 2002, I was told to pay GMAC the 555.29 per month, so I have
been.... BUT, I asked to trade in the Truck this month (july 2003) if I
could and the Trustee said, yes, I could do that, but GMAC wanted me to
pay them $13041.56 to pay this truck off..... Here is dilemma #1.
I had paid $631.26 a month on the truck since I had bought it in April
of 1999, and had made those payments up until we filed in 7/2001, so I
had paid them $16412.76 as of 7/2001. then in 2002, I paid them
$ 5552.90 and in 03 I paid them
$ 5687.03 as of 7/03 for a total of
$27652.69 ........ for this 1999 truck and they still
want $13041.56 to pay it off... for a total of
$40694.25 ....... and here is why I question this I could
have bought this truck for 60 payments of $631.26 or a total of
$37875.60 Which means after I filed Chapter 13
this truck went up in value by $2818.65 and at the meeting it was
supposed to go down in interest by 1.5%... and I have used every way I
was taught and am still trying to figure out how I have had to pay
another almost $3000. for a truck that went down in interest...????????????
Here is problem Number 2... I tried to tell my attorney that this was
going to happen when he told me about this " new amended plan in Feb. of
2002, but he said, no this will not happen..... well it seems it did
happen, and I am going to be out $3000. more dollars for this truck
because of him... but when I called him the other day in regards to this
truck matter, he said, since it was not in the plan, I would have to pay
him $500.00 to talk to GMAC about this. and I also asked him about
filing a motion to incur debt, so we could " refinance our house, at a
lower rate than the 15.9% we are now paying, and pay off the Trustee,
and he wants me to send him $125.00 and hour, and so much more for the
motion, and I think I am being ripped by him, as he said back in Feb. of
2002, that the trustee would not even have to know about us refinancing
as the house was not in the plan. Seems he was wrong on that point also,
since we now have to file a motion. ?? Is this all sound right to
anybody that knows and does lawyer stuff Please advise ????
Thank you
Jerry
JP
07-18-2003, 07:42 PM
Can anybody SEE this, ?????
JP wrote: I do not think this sound right, but I can not go to my Attorney, unless I pay him more money, and I do not think that is right either, so that is why I am asking, these questions.!! Here is what has happened. Please if this sounds right tell me, and if not, please tell me also. In July of 2001, my wife and I filed chapter 13... My truck was included in the plan and I was paying the Trustee 1105 a month. $600 to the trustee for the plan and 505 was for my truck.... Then in Jan of 2002, this was amended, and I was to pay 500 to the trustee and nothing to my truck.... Then in Feb., it was amended again, and I was to pay 600 to the Trustee, and my truck was taken out of the plan and I was to pay 555.29 a month towards my truck. In July 2001, it was decided by my attorney I would pay $15555. at 9% for my truck... then in at the meeting it was decided my truck was worth $20029. at 7.5%... Well, I asked my attorney in Feb., of 2002, if the trustee was going to pay the 7 months of payments that I thought was to be going on my truck, to GMAC, my attorney said, that would be up to the Trustee. Then in March of 2002, I was told to pay GMAC the 555.29 per month, so I have been.... BUT, I asked to trade in the Truck this month (july 2003) if I could and the Trustee said, yes, I could do that, but GMAC wanted me to pay them $13041.56 to pay this truck off..... Here is dilemma #1. I had paid $631.26 a month on the truck since I had bought it in April of 1999, and had made those payments up until we filed in 7/2001, so I had paid them $16412.76 as of 7/2001. then in 2002, I paid them $ 5552.90 and in 03 I paid them $ 5687.03 as of 7/03 for a total of $27652.69 ........ for this 1999 truck and they still want $13041.56 to pay it off... for a total of $40694.25 ....... and here is why I question this I could have bought this truck for 60 payments of $631.26 or a total of $37875.60 Which means after I filed Chapter 13 this truck went up in value by $2818.65 and at the meeting it was supposed to go down in interest by 1.5%... and I have used every way I was taught and am still trying to figure out how I have had to pay another almost $3000. for a truck that went down in interest...???????????? Here is problem Number 2... I tried to tell my attorney that this was going to happen when he told me about this " new amended plan in Feb. of 2002, but he said, no this will not happen..... well it seems it did happen, and I am going to be out $3000. more dollars for this truck because of him... but when I called him the other day in regards to this truck matter, he said, since it was not in the plan, I would have to pay him $500.00 to talk to GMAC about this. and I also asked him about filing a motion to incur debt, so we could " refinance our house, at a lower rate than the 15.9% we are now paying, and pay off the Trustee, and he wants me to send him $125.00 and hour, and so much more for the motion, and I think I am being ripped by him, as he said back in Feb. of 2002, that the trustee would not even have to know about us refinancing as the house was not in the plan. Seems he was wrong on that point also, since we now have to file a motion. ?? Is this all sound right to anybody that knows and does lawyer stuff Please advise ???? Thank you Jerry
Active User
07-19-2003, 11:43 AM
Hello. I can read it. I regret I cannot help you though. I do not know
how the law applies in this situation. :-/
JP <delcoea2@insightbb.com> wrote in message news:<3F18A11E.3030607@insightbb.com>... Can anybody SEE this, ????? JP wrote: I do not think this sound right, but I can not go to my Attorney, unless I pay him more money, and I do not think that is right either, so that is why I am asking, these questions.!! Here is what has happened. Please if this sounds right tell me, and if not, please tell me also. In July of 2001, my wife and I filed chapter 13... My truck was included in the plan and I was paying the Trustee 1105 a month. $600 to the trustee for the plan and 505 was for my truck.... Then in Jan of 2002, this was amended, and I was to pay 500 to the trustee and nothing to my truck.... Then in Feb., it was amended again, and I was to pay 600 to the Trustee, and my truck was taken out of the plan and I was to pay 555.29 a month towards my truck. In July 2001, it was decided by my attorney I would pay $15555. at 9% for my truck... then in at the meeting it was decided my truck was worth $20029. at 7.5%... Well, I asked my attorney in Feb., of 2002, if the trustee was going to pay the 7 months of payments that I thought was to be going on my truck, to GMAC, my attorney said, that would be up to the Trustee. Then in March of 2002, I was told to pay GMAC the 555.29 per month, so I have been.... BUT, I asked to trade in the Truck this month (july 2003) if I could and the Trustee said, yes, I could do that, but GMAC wanted me to pay them $13041.56 to pay this truck off..... Here is dilemma #1. I had paid $631.26 a month on the truck since I had bought it in April of 1999, and had made those payments up until we filed in 7/2001, so I had paid them $16412.76 as of 7/2001. then in 2002, I paid them $ 5552.90 and in 03 I paid them $ 5687.03 as of 7/03 for a total of $27652.69 ........ for this 1999 truck and they still want $13041.56 to pay it off... for a total of $40694.25 ....... and here is why I question this I could have bought this truck for 60 payments of $631.26 or a total of $37875.60 Which means after I filed Chapter 13 this truck went up in value by $2818.65 and at the meeting it was supposed to go down in interest by 1.5%... and I have used every way I was taught and am still trying to figure out how I have had to pay another almost $3000. for a truck that went down in interest...???????????? Here is problem Number 2... I tried to tell my attorney that this was going to happen when he told me about this " new amended plan in Feb. of 2002, but he said, no this will not happen..... well it seems it did happen, and I am going to be out $3000. more dollars for this truck because of him... but when I called him the other day in regards to this truck matter, he said, since it was not in the plan, I would have to pay him $500.00 to talk to GMAC about this. and I also asked him about filing a motion to incur debt, so we could " refinance our house, at a lower rate than the 15.9% we are now paying, and pay off the Trustee, and he wants me to send him $125.00 and hour, and so much more for the motion, and I think I am being ripped by him, as he said back in Feb. of 2002, that the trustee would not even have to know about us refinancing as the house was not in the plan. Seems he was wrong on that point also, since we now have to file a motion. ?? Is this all sound right to anybody that knows and does lawyer stuff Please advise ???? Thank you Jerry
K Kim
07-19-2003, 02:15 PM
Unfortunately, you really need to talk to a local attorney. Your
problem is too complicated for people in this forum to answer.
azhorizons@hotmail.com (Active User) wrote in message news:<a2057c8.0307191043.54f3ae05@posting.google.com>... Hello. I can read it. I regret I cannot help you though. I do not know how the law applies in this situation. :-/ JP <delcoea2@insightbb.com> wrote in message news:<3F18A11E.3030607@insightbb.com>... Can anybody SEE this, ????? JP wrote: I do not think this sound right, but I can not go to my Attorney, unless I pay him more money, and I do not think that is right either, so that is why I am asking, these questions.!! Here is what has happened. Please if this sounds right tell me, and if not, please tell me also. In July of 2001, my wife and I filed chapter 13... My truck was included in the plan and I was paying the Trustee 1105 a month. $600 to the trustee for the plan and 505 was for my truck.... Then in Jan of 2002, this was amended, and I was to pay 500 to the trustee and nothing to my truck.... Then in Feb., it was amended again, and I was to pay 600 to the Trustee, and my truck was taken out of the plan and I was to pay 555.29 a month towards my truck. In July 2001, it was decided by my attorney I would pay $15555. at 9% for my truck... then in at the meeting it was decided my truck was worth $20029. at 7.5%... Well, I asked my attorney in Feb., of 2002, if the trustee was going to pay the 7 months of payments that I thought was to be going on my truck, to GMAC, my attorney said, that would be up to the Trustee. Then in March of 2002, I was told to pay GMAC the 555.29 per month, so I have been.... BUT, I asked to trade in the Truck this month (july 2003) if I could and the Trustee said, yes, I could do that, but GMAC wanted me to pay them $13041.56 to pay this truck off..... Here is dilemma #1. I had paid $631.26 a month on the truck since I had bought it in April of 1999, and had made those payments up until we filed in 7/2001, so I had paid them $16412.76 as of 7/2001. then in 2002, I paid them $ 5552.90 and in 03 I paid them $ 5687.03 as of 7/03 for a total of $27652.69 ........ for this 1999 truck and they still want $13041.56 to pay it off... for a total of $40694.25 ....... and here is why I question this I could have bought this truck for 60 payments of $631.26 or a total of $37875.60 Which means after I filed Chapter 13 this truck went up in value by $2818.65 and at the meeting it was supposed to go down in interest by 1.5%... and I have used every way I was taught and am still trying to figure out how I have had to pay another almost $3000. for a truck that went down in interest...???????????? Here is problem Number 2... I tried to tell my attorney that this was going to happen when he told me about this " new amended plan in Feb. of 2002, but he said, no this will not happen..... well it seems it did happen, and I am going to be out $3000. more dollars for this truck because of him... but when I called him the other day in regards to this truck matter, he said, since it was not in the plan, I would have to pay him $500.00 to talk to GMAC about this. and I also asked him about filing a motion to incur debt, so we could " refinance our house, at a lower rate than the 15.9% we are now paying, and pay off the Trustee, and he wants me to send him $125.00 and hour, and so much more for the motion, and I think I am being ripped by him, as he said back in Feb. of 2002, that the trustee would not even have to know about us refinancing as the house was not in the plan. Seems he was wrong on that point also, since we now have to file a motion. ?? Is this all sound right to anybody that knows and does lawyer stuff Please advise ???? Thank you Jerry
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