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Valued Member
IMPROVELIFE
Posts: 58
Registered: ‎11-04-2010

car repo'd in chapter 7

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

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Valued Contributor
chasmith
Posts: 1,062
Registered: ‎05-26-2010

Re: car repo'd in chapter 7

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.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
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Established Member
superman82216
Posts: 17
Registered: ‎05-25-2012

Re: car repo'd in chapter 7

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.



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Valued Contributor
chasmith
Posts: 1,062
Registered: ‎05-26-2010

Re: car repo'd in chapter 7

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.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
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Valued Member
IMPROVELIFE
Posts: 58
Registered: ‎11-04-2010

Re: car repo'd in chapter 7

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 :smileyhappy:

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Shogun
Posts: 12,902
Registered: ‎04-15-2011

Re: car repo'd in chapter 7

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!


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