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05-10-2012, 10:53 PM #1
Paying Off Debt While on Chapter 13
So my wife file chapter 13 about 3 years ago and we are in the process of the payment plan as mandated by the bankruptcy court. Since then I purchased a car for her, the note is in my name so is the car, she is on the insurance. Since the bankruptcy we have been working very hard to get rid of any debt that was not able to be added to it. I am now able to pay the note on the car. I guess my question is, would the US Trustee need to be notified that I am paying off the car, even though the car was purchased after the ruling and the car is not in her name? My name was not on the bankruptcy, just her name.
- 05-11-2012, 10:10 AM #2
- Rep Power
We filed a 13 2 years ago. You do know that the attorney she used is STILL her attorney and this question can be addressed to him right? He/she is her attorney until the day it's dismissed. If she has questions she should be able to call and/or make an appointment that's already included in what shes paid. He/she is still working for your wife until the day the bankruptcy is dismissed.
However....your name is not on the bankruptcy...her name is not on the car. I am 99.9999% sure that no the Trustee does not have to be notified it is paid off.
Just like there isn't anything against her going out right now and getting a credit card or her going out and buying a car in her own name...not saying she would do either understand...just that she could if anyone would finance. This was straight from OUR attorneys mouth. But if something happened those items could not be added into the bankruptcy because they are after the fact.
The Trustee doesn't have to be notified of new debt or paying off something that wasn't included in the bankruptcy. But for the sake of a phone call check with the attorney.Bank of America is THE godfather of Hell with Wells Fargo running neck and neck. When the world ends the only things that will be left are cockroaches, Walmart, Wells Fargo and Bank of America. Not necessarily in that order. The order remains to be seen.
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05-11-2012, 11:48 AM #3
Thank you for your response Niko. I agree with you, for peace of mind she will be contacting her attorney next week. He is out of the office this week on vacation. Id figure Id ask here and see if anyone else has had a similar situation. Again, thank you.
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