Q: My used car (10 years old) was included in my CH 13 filed in Florida over a year ago.
When I purchased from DriveTime, I was required to get GPS Tracking and a warranty. I recently found out I need major repairs. When I called the warranty company...they had cancelled the warranty! Not only had the warranty been cancelled, the loan was sold and we were never informed and apparently neither was the attorney (??). I'm not getting anywhere! Why am I paying for services I no longer have access to and not getting anywhere. Can I petition the court myself or must I go thru my attorney. I can't afford the repairs. I can't sell because I owe more than $15,000 and the the Blue Book offer on the car, cash is $4500. Please help!!
**PLEASE NOTE: This is an active bankruptcy as we filed just over a year ago; therefore it has not been discharged. Apparently this happened after they were just after the case was filed but according to the information I have been provided, they didn't show up in court, my attorney wasn't notified or he maybe just overlooked. Thank you
A: If the debt for the car (and the warranty) was discharged in bankruptcy, why have you continued to make the payments? It's possible that you reaffirmed the debt; ask your bankruptcy attorney to explain it to you. You may have a claim against the warranty company for the amount you paid since the bankruptcy.
Timothy Denison agrees with this answer
A: You need to contact your attorney and let him get to the bottom of it. You may have several options but you’ll need legal help getting redress.
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