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  1. #1
    Join Date
    Oct 2006
    Posts
    2

    Default Financial Problems After Dismissal of Bankruptcy

    I bought a van in 2001, my credit was less than good so I got an outrageous interest rate. My payment was 519.00 on a Dodge Caravan, without all the extras. I paid it ok for a while. I am in the medical field and when census in down in the hospital, we are budgeted a lot. I started missing payments but always made pmt arangements. In 2004 I filed Bankruptcy. I own a house so I got to keep it and my car. Then, I got behind on my pmts to the court. I was working with the atty to get back on track when Katrina hit! I live in Eastern New Orleans so not explanation is needed about the condition of my house. I had my car with me when I evacuated. I worked in St Bernard Parish, so not need to explain what happened to the job.
    So, all I have is the car.
    I finally got in touch with the atty's office in the middle of Sept, not to bad considering how hard it was to find people after the storm. I met with her and decided to try again, no house, no job and now living 1 hour away. Anyway, I decided to let the bankruptcy go. Big mistake, I realize now, but i just could not deal with another huge problem. I thought my priority was getting myself back home and finding another job. I had flood ins and homeowners. Had to fight FEMA for every penny I qualified for because my application fell throuh the cracks. I sat back and watched people who I knew did not even lose a leaf off their tree, get checks in the mail from FEMA and Red Cross. This upset me a lot because they constantly talked about all their "new stuff" and how they got all this money from FEMA. I could not believe what was going on. I did not see my first $ from FEMA until mid October. Anyway, the bankruptcy was cancelled.
    Got several letters from the Co. that financed my van saying my pmts. were deferred until Jan. 2006.
    Jan 2006 I called the company and they told me my pmt was 300.00 so I sent a check, and another check. In April, I sent a check but it was never cashed so I got on the phone with the company, they said they had no record of me. Spoke to a few people, took a while, between all the stuff with my house. I got a job in June. By the time my first paycheck came I was 90.00 late on the car. Paid 300.00 in late July, they found my acct somewhere in Florida. When they would call I would give them a check by phone, they took it, it cleared the bank. In Sept I got a call from the repo dept. they wanted the whole 120 day note! They told me my payments were for 400.00 and not 3, so it threw me into the 120. I made paymnt arangements with them and. as of today, I have given them 1200.00 this month. I sent a check on the 9th which was cashed, sent another check on the 18th, cashed, called yesterday, gave a 600.00 pmt. Got a call today frome the guy saying he can't take the check because I owe the entire 10,000 since my bankrupt fell threw. They made pamt arangements with me, paid the money and now they say they should't have taken the check.
    Can they do this? They say when they took the payment, they did not know I was out of bankruptcy.
    Now, I tried calling a the man that I originally talked to about the pmt arrangeemnts and he said he has never spoken to me before!
    What, if any chance do I have in avoiding repo? Sorry about long post but I am extremely upset. Thank you

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: My side of the story

    Has it been less than 180 days since the dismissal? It sounds like you need to consider going back into bankruptcy, or at least again consulting a bankruptcy lawyer.

  3. #3
    Join Date
    Oct 2006
    Posts
    2

    Default Re: Financial Problems After Dismissal of Bankruptcy

    Thank you for answering, yes, it has been longer than 180 days. I just spoke to another man in the repo dept, he said my account is not even in that dept yet. He gave me the name of a local lawyer who will be handling my case.
    I don't have the strength to call today, this is really weighing heavy on me. When the bankruptcy was dismissed, it appeared things were going to move fast with the ins. claims, fema, the gov money sent to La. If you would have told me that I would still be away from home with nothing done yet to repair or rebuild, a year ago, I would not have believed that for one minute. Now, I fear I will never get home again, and then, there's the car problem.
    I would go back into bankruptcy but I thought the laws have changed.

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