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This is basically a bankruptsy question. I am a little concerned about my car. I got discharged from my BK in May 2012 and was told by my lawyer that I could keep the car i filed on until i was discharged, then to take it back. Well the company I bought it from was a BUY HERE PAY HERE company with its own finance company. That company went out of business and i have no where to turn this vehicle into, that I know of. Im going to call my lawyer and talk to her about this monday. I thought they would come and pick the vehicle up but they havent so far. I still live at the same place, with the same contact information and everything. They had told me they had placed a GPS tracker on the vehicle so they could locate it if the payments werent made. My question is do you think i would get in trouble for still having the vehicle? Im still carrying full insurance on this car and my husband is currently driving it to work.
Who went out of business, the dealer or the finance co?
Even if it's a BHPH they usually use outside financing for the car.
Contact the lender to make arrangements to turn your car back into them. The lender's name and contact info is in your BK filing. If you don't have your petition, go onto PACER.gov and get a copy of your entire BK including the petition. It will list all the creditors contact info for you too.
The car dealership and the finance company went out of business. They owned there own finance company. There is now a different company in the lot they used to reside in. The contact information I have for them is no good as they went out of business. The number is disconnected.
From the sounds of it, your lawyer included it in the schedule, If you didn't reaffirm the loan then the debt is discharged. You can take the risk and not pay to see if either someone calls you or it just dissappears from its parking space one day(reposession). Or you could continue to investigate with the DMV to see who holds the title and what their contact information is. If it is the same as what you have been using to no luck then it would seem taking the risk is the only option.
I didnt think about going to the DMV. I registered it recently and had no issues. It was included in my BK but it reported late on CR until May. Im not sure when the companies went out of business. I just wasnt sure if we continued to keep it until they came to get it if we would get into any trouble or not.
If you are going to just let them come and get it make sure you don't keep any personal items in your car. They won't give you any kind of notice for the repo. Drive it as long as you can and save up your money to buy something else after they get it. There has to be someone that took over the accounts of the finance co.