topic Re: car repo'd in chapter 7 in Bankruptcy

car repo'd in chapter 7

IMPROVELIFE — Thu, 06 Sep 2012 06:58:09 GMT

Ahhhh my chapter 7 has finally been discharged as of 9/4 but it has not been a smooth ride. My auto finance company filed to have the automatic stay lifted since I stopped making payments. Well long story short the lender repossesed the vehicle before they should have on 9/1 (according to my attorney's assistant). I had to get a rental vehicle before I planned to because of this. Since this was an illegal repo, what should I do besides making them reimburse me for the rental?

TIA

Re: car repo'd in chapter 7

chasmith — Sun, 09 Sep 2012 13:32:57 GMT

What does your attorney say? Mine was happy to sue creditors where damages could be recovered, on a contingent fee basis. If you're saying the repoed three days early because the discharge wasn't granted until the 4th, that's probably the creditor being aggressive but not a big damage award.

Re: car repo'd in chapter 7

superman82216 — Sun, 09 Sep 2012 13:50:25 GMT

from being in the repo business for many years, its not an illegal repo to repossess a car involved in a bk unless you make contact with the debtor. I personally repossesed many vehicles that were involved with chapter 7's.

Re: car repo'd in chapter 7

chasmith — Sun, 09 Sep 2012 13:57:28 GMT

The original post is a bit unclear, apparently the lender filed to lift the stay, if the stay was lifted it's not illegal. I believe the discharge on 9/4 ended the stay. So if their motion to lift the stay wasn't granted the repo might have been three days early and technically illegal, but unlikely to draw any useful sanction.

Re: car repo'd in chapter 7

IMPROVELIFE — Mon, 10 Sep 2012 09:28:25 GMT

Ok i finally spoke with the attorney and he says that he is not comfortable with filing a sanction because its obvious that if the finance company was being malicious they would have repo'd the car months ago. Not only that but the judge probably wouldnt award much if anything at all. The finance company admits they jumped the gun and will be reimbursing me for the rental car. All is well. Thanks for your comments :)

Re: car repo'd in chapter 7

Shogun — Mon, 10 Sep 2012 19:12:13 GMT

One of the best possible outcomes of a bad situation. Now that you've got that behind you. Time to pick yourself up and start rebuilding. Good Luck!