Really stressed and need advice

[Anonymous]

I went to two attorneys to speak about bk in November. At that time I chose the bk attorney who seemed far more open to trying the chapter 7 the backdoor way. Income was cut when my husband quit his job. So charting it I decided March 1st we should qualify. I paid 325 for the office to hold my paperwork. I sent in paystubs as soon as I got them. My attorneys assistant won't email me back to save my life. When I called they said they were overwhelmed by tax bk cases and they will work on mine. We were planning to give my husband's truck back and go down to just my car. My car is financed with a local credit union. I have three other loan products with them that I am behind on. My car is up to date. I got a letter yesterday stating they can reposess my vehicle in five days due to the other accounts being behind. I'm not understanding because I'm current on that car. I emailed immediately and still no return reply. This is serious to me. We can't afford my husband's truck. So if we give that back and they repossess my car...I kind of need to know what to do. I can buy a 2500 dollar car but if they don't think they will come after my car that will be nice to know. I almost want to pull my paperwork and go to the other attorney but I bought the money order back in January so I don't think I can get it refunded. At this point I can't afford to lose that money but I also can't afford for my case to be hung up this case to be hung up like this. They are not making any attempts to respond to serious inquiries that I have.

[Anonymous]

Credit Unions have something called the “Cross Collateral Clause”. It’s a special legal provision that other types of banks do not have. If you owe them money on one loan (or credit product) they can take assets from another loan product to pay it off.

Here is what the clause usually says in your loan docs: 

“The collateral securing this loan shall also secure any and all other loans and accounts with the credit union.”

Basically even though you are current on your car payment, because you are behind on your other loan/credit payments they will take the car as collateral. Get an attorney who can help you now. You cannot wait.

[sccredit]

As Morpho said - act now.  They CAN take your car and likely will.