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Repossession AFTER filing?

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Anonymous
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Repossession AFTER filing?

Hello.

Filed Chapter 7 in 8/15 with the intent to surrender my vehicle to my local Credit Union. 341 meeting is scheduled for 9/26 Just received a court order to appear on 9/24 due the CU wanting to lift the Automatic Stay to retrieve the car. Lawyer said we can ignore since I’m not interested in keeping the vehicle.

My question is, I’m assuming once I don’t show it’ll be lifted by default and they’ll be able to repossess. I just wanted to know as far as my credit report, will I have a REPOSSESSION listed on there as well as the BANKRUPTCY public record? Not sure how that goes since I filed BK prior to them repossessing.
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audio-disabled
Regular Contributor

Re: Repossession AFTER filing?

[deleted by myself; idk what i'm talking about anymore]






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Message 2 of 3
audio-disabled
Regular Contributor

Re: Repossession AFTER filing?

Just wanted to chime in and see if you got the answer you needed?

 

Basically, if you are filing for bankruptcy and the CU wants to lift the automatic stay so they can take the car, that's fine. If you can negotiate with the CU to let them take the car without having to lift the automatic stay / going to court, let them - you have no intention of keeping it anyway.

 

Having to go to court to lift the automatic stay or having your bank take the car when you are filing for BK7 before the discharge date does not mean your car will be reported as reposessed on your credit report.

 

For me, in the past, with my lawyer's instruction, I notified my CU that I was filing for BK7. They acknowledged and will get someone back to me. I was fortunate enough to have had the car a bit longer before I bought another car while in BK7. The CU called me and we arranged the date and time they could pick up the car, they came and they took it. No haggle, no anything. My auto loan was reported as IIB BK7.

 

The same could apply to you. 






$5000 Barclay Apple Visa | $4500 CapitalOne Platinum | $6000 SL CapitalOne VentureOne | $10K SL PenFed Pathfinder | $3500 Wells Fargo Platinum | $9500 BECU Visa
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