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auto loan and bk question

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wissam
Contributor

auto loan and bk question

i filed for bk ch7 included my auto loan with Nissan on altima . the loan has negative equity from trade . the value of the car is 22000 . but the balance is 30000$ 

one week after filing Nissan closed my loan acount with 0 balance indicating was include in bk

was told by nissan to keep paying and will keep the car but no mor reporting of payments.

i decided to do not pay any more and get another car after my creditors meeting in april 7 . 

even if i got a loan for same car with 16% apr i will be paying less what i am paying now on my car(500$).

i know i am protected by Automatic stay so nissan can not take my car before asking the court for permission . 

i am now 45 days late on this loan . 

i am sure nissan will ask the court soon but my question is:

will i be notifing by the court about nissan trying to pick up my car so i can get ready ince it is the only car i have for me and my family?

or they would not ?

 

i appreciate any advice and answer

Regards 

Message 1 of 6
5 REPLIES 5
mynameainttracy
Established Contributor

Re: auto loan and bk question

I never had any advance notice that somebody was picking the car up. I just got a call one day from a couple of guys from the parking lot where I was working saying they were there to pick it up.  I wasn't even driving the car that day so they had to follow me home and pick it up. It was less than ideal but I was lucky that I actually had a second car to drive and wasn't stranded.

Message 2 of 6
Anonymous
Not applicable

Re: auto loan and bk question

When mine was picked up there was no notice at all, it was just gone. I would make sure you remove all of your personal items from the car. I think you made a good decision. Being that far under water doesn't make sense to keep it. Good luck!

Message 3 of 6
wissam
Contributor

Re: auto loan and bk question

was it during bk process?

if yes ! before or after creditors meeting and how long ?

Message 4 of 6
mynameainttracy
Established Contributor

Re: auto loan and bk question

Mine was after the creditors meeting by about 6 weeks if I recall.

 

Definitely get your personnal stuff out of it. I also stopped filling up my gas tank all the way, I'd do just enough to last me a week at a time.

 

They should want all the keys so it does surprise me when I hear about them just taking them with no contact.

Message 5 of 6
wissam
Contributor

Re: auto loan and bk question

do u think i will have a hard time to get a new loan tho?

i have 2 recent paid off auto with honda and credit union 

this is  my 3rd auto opened in aug2015 with oner late payemnt because was going ti file for bk i stoped paying . 

even my credit cards had no late since i start bulding my credit in 2012 just this last 2 months stoped paying 

Message 6 of 6
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