Auto Loan - Chapter 7 Bankruptcy Repossession

[Anonymous]

Hello, 

I officially filed my Chapter 7 Bankruptcy on 7-5-17 and had my 341 meeting on 8-9-17. I decided to surrender my vehicle which I financed through M&T. I made my last car payment to them in May. They sent me a letter today saying that my account is in default and if I don't pay it by the 25th of this month then my car may be repossessed. 

Can they repossess my car now or do they have to wait until the automatic stay is lifted? They haven't sent anything to my attorney or the courts with regards to getting the automatic stay either. 

I did send an email to my attorney but he is on vacation this week. 

Any information is appreciated!

Thanks!

[Anonymous]

The creditor needs to make a motion to lift the automatic stay if they want to collect within a short period after filing. 

You also have deadlines regarding secured debt -- dates you must file your statement of intentions and when you must act on it.

It sounds like the automatic stay has been violated, but this question is probably best answered by your attorney. Did the creditor get proper notice of your filing?

[pizza1]

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@Anonymous wrote:

The creditor needs to make a motion to lift the automatic stay if they want to collect within a short period after filing. 

You also have deadlines regarding secured debt -- dates you must file your statement of intentions and when you must act on it.

It sounds like the automatic stay has been violated, but this question is probably best answered by your attorney. Did the creditor get proper notice of your filing?

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+1 agree with this!^

[medicgrrl]

Have you checked PACER to see if anything has been filed?

[Anonymous]

Check  pacer. They will have to fill some. Threatening repo now appears to be FDCA action.  Do you want a $1,000 from them?  

[Anonymous]

I checked pacer but there she nothing at all about them filing anything to get the motion lifted. The statement of intentions was filed with my petition on the 5th of July.

[Anonymous]

How would I get $1,000 from them Backwoods?

[Anonymous]

Based on my opion the lender threatened an action (repo) they could not do. Threatening an action you cannot do is a FDCA violation. What youn need to  do is find a CONSUMER ATTORNEY.  The other side when they loose FDCA pays both sides attorney bills. The maximum you get is $1,000 plus they have to pay attorney bills. Typical setlements run between $700 and $1,000 plus attorney costs.  As I posted because DW has very similar name - only middle iniital different, almost the same birth date - only a few days off, same line of work and lives about 75 miles away from a person who has very bad credit. DW regularly gets calls and letters trying to collect the other person's  debt.  Many of the calls and letters violate FDCA and/or  TCPA (calling a cell phone) .   DW has collected over $5,000 for FDCA violations.  Make sure you get a CONSUMER ATTORNEY.  If you have trouble finding one private message me.   This will cost you nothing out of pocket