During the last five months of my Chapter 13 Bankruptcy I suddenly became unemployed. I immediately informed Roy Kent of the situation, in which I was informed that not making payments would make the balance of $4,000 due in a baloon payment upon discharge of my bankruptcy. My other option was to give up the vehicle.
Roy said I should consider giving up the Jeep, since repossession wouldn't hurt me any more than the bankruptcy already did. The following month I called to find out what I needed to do, or where am to drop off the Jeep, since my plan was over.
His story changed from before and said that they wouldn't want it back because it's six years old and has too many miles on it. I had to roll over the chapter 13 to a chapter 7, allowing me to keep the Jeep. I wasn't told how.
In his office I looked over the "Voluntary Petition" paperwork and paid him $700. He told me it was my responsibility to contact the creditor regarding my school loan debt and parking tickets for re-payment. He never told me it was my responsibility to call Arcadia Financial to re-affirm the debt.
During the "meeting of the creditors" hearing he asks me if I've been making my payments to Arcadia. I was stunned and confused because I didn't understand why I had to file Chapter 7, if all I had to do was contact Arcadia myself!
Up until then I thought that Chapter 7 protected me from having to pay any creditor, buying me time to be able to pay the balance off once the discharge was done. Especially since I had been at my new job barely a month, I had to pay my lawyer almost every cent I made.
The "retainer aggreement" specifically states that the lawyer fee covers all matters associated with the normal bankruptcy case including phone calls, correspondence and contacts with the creditors.
Arcadia immediately filed for "relief of stay", enabling them to come after me or the Jeep. Upon being informed that there is nothing else I can do, Roy sent their lawyer a letter informing them that I am not going to contest their request and to make arrangements to give up the Jeep.
Four months later they repo's the Jeep.
I am frustrated because my lawyer never discussed options with me just told me what to do. I know that my being ignorant of the law and what to do... So what do I need a lawyer for then?
I feel helpless that nothing can be done, but I will be looking for any information or suggestions.
Andrea
Seattle, WA
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