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Car repossession

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Anonymous
Not applicable

Car repossession

I am in the process of filing chapter 13, I have paid my lawyer and called my creditors and given them her information.  my lawyer said lets wait a little to get your 17 pay check stubs lower for so monthly payments will be lower when we file.  my lawyer said don't pay anything give them her info.

I had my car repoed out of my driveway last night.  drug that sucker out, hopefully no damages.  any help would be helpful.

Message 1 of 4
3 REPLIES 3
IOBA
Senior Contributor

Re: Car repossession

Ouch.  I am sorry to hear that.

 

My neighbor had her car repo'd for $17 that she owed on her car.  She thought it was paid in full, but it wasn't.

 

I don't know bk very well.  It's my understanding that since you have NOT filed bk yet, you are in a bad position with the repo.  It can, and probably will, report on your credit report.

 

I am not sure if how you would now list it/claim it on your bk. 

Message 2 of 4
Jazzzy
Valued Contributor

Re: Car repossession

I agree...you haven't filed BK yet. They still had time to get the car.

 

Did you previously call them and tell them you were planning to file BK?

Message 3 of 4
Anonymous
Not applicable

Re: Car repossession

If you have not filed, and your attorney has not notified them, then you had no protection against repo.

 

If you did file and they were notified, then you have some recourse because all included debts are now subject to the BK court ruling.

 

But from your post, you indicated that your attorney said "wait" for income purposes, and to not pay anything.  Bad advice on cars or homes, IMO.  Your attorney most likely cost you your car.  The auto lender has no requirment to return the car if it is repo's and CO'd prior to you filing.

 

If your attorney told you to contact the creditors and to give them the attorney info PRIOR to you filing....IMO this was bad advice.  Your auto lender was put on notice to "repo now or be subject to the filing."  They chose to repo and not go through BK because they know the debt will be discharged or adjusted anyway.

 

Your BK can list them to discharge any liability of deficiency, but you can't require them to return the auto at this point.

 

Disclaimer:  This info is IMO and not legal advise or represenation....get with your attorney and ask them about this.

 

 

Message 4 of 4
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