@beezer32 wrote:
@Anonymous wrote:
Yes I'm behind but only about 15 days behind but willingly to pay until discharge happens. I kind of figured because I was pro se this may be happening. The lawyer for the finance company actually called me before the motion was submitted asking for the location of the vehicle. I will try objecting to the motion. I can't really afford a lawyer.
If you're under automatic stay, which you are after filing, why is their attorney calling you? I understand that in a attorney represented case where the vehicle is not being reaffirmed, that they may contact the attorney for surrender details. However, when contacting you (the petitioner protected under the stay), doesn't this violate the stay itself even though you are pro se (your own attorney in a sense)? Someone with more experience care to elaborate on the technicality?
Also, you said you are willing to pay your car payment until discharge occurs (I assume in order to have a ride until you have to give it up). You can bet that the creditor will not do you any favors and will want to immediately retake the property quickly. The faster they can get it back, the quicker they can resell at auction and recoop the money. I also find it unusual that a finance company pursue lifing of the stay in general. This isn't common practice unless the vehicle is very late model and of high value. Normally, with an intent to surrender included in the BK petition, they will wait until discharge or just before to repossess.
Lastly, it is ill-advised to take on any new debt, including emergency auto financing while in any phase of the bankruptcy. I know that doesn't help your situation but you do not want to catch the eye of your Trustee at any point. He/She is absolutely not your friend and it could end badly for your case. YMMV however..
When someone files bankruptcy, there is an address on record for purposes of service. For the debtor, when the creditor files a motion or such the bankruptcy court will send notice to the debtor. There is no reason for the creditor to contact the debtor whatsoever, especially in an attempt to collect, or in this case, to find the location of the car, that is until it receives an order of automatic stay being lifted.
It is indeed unusual for the finance company to pursue it however I can't find any reason why every company wouldn't be doing this if the debtor was behind on payments. The sooner they repossess the less money they lose, or the more quickly the money they can recover.
With regards to taking on new debt, any debt incurred in a chapter 7 bankruptcy after filing date is not dischargeable. There is no real reason the trustee would object to someone taking on a car payment so long as it is within normal means and doesn't represent a big change in what was reported in the schedules as being outside of the income reported. I know of many people that have bought new cars while in bankruptcy and can't recall someone reporting that the trustee made a big stink.
Pro Se Chapter 7 discharged July 2015
