What motion can I file to try and have my repossessed car returned to me?

[janthonyg1]

I filed a chapter 13 the day after my car was repossessed. I have been reading that I can file a motion to try and get the court to force the creditor to return the car.

Any pointers on how I might go about doing this?

Thanks!

[lrprn]

I filed a chapter 13 the day after my car was repossessed. I have been reading that I can file a motion to try and get the court to force the creditor to return the car.

Any pointers on how I might go about doing this?

Thanks!

A few questions first.... When did you file Ch 13 (before Oct 05 or after)? Did you file Ch 13 pro se (without a lawyer)? What state did you file in? Was this car and its loan included in your Ch 13 plan? Did you sign a reaffirmation agreement for the car?

[CATCHMEIFYOUCAN]

She filed the day after ... hmmm .. I could only assume you would pay what you owe on the car (any missed payments) than set up some kind of agreement to pay the rest off). Im assuming it will cost a little more for the lawyer (if you have one) to try and get your car back (after the fact) because you mentioned you filed Ch13 after the car had already been repossessed???

Best Wishes, Catchmeifyoucan

[janthonyg1]

It's gotten a little more desperate because the company is now ignoring the Automatic Stay, and is going to auction the car tomorrow.

Here's the whole scenario: In June of this year (2006) I was trying to stay afloat after a layoff a couple of months before. I took a title loan on my 2000 Chrysler 300m that I owned free and clear in the amount of $2,500 dollars.

To make a long story short, they repossessed my car on December 18th. On Decmeber 19th I filed for a BK 13. I then hand delivered the filing to Cash Time Auto Loans the morning of the 19th. On the 20th tehy mailed me a notice of intent to sell at action og the 29th, which is tomorrow. So I faxed and e-mailed the BK paperwork to the lender this morning.

I finally spoke to a woman there and she let me know they were indeed selling it tomorrow regardless.

Please help! Any suggestions?

[lrprn]

Please help! Any suggestions?

You haven't mentioned anything about your Ch 13 lawyer yet - have you told him/her about this yet? If you have, what has he/she been doing about the repossession during the last week?

[HHM]

I am guessing, that since this person is asking what Motion he has to file, he probably filed pro se. I don't know off the top of my head, but I hope you have your s++t together. There are too many pitfalls in a chapter 13 for the average person to attempt one without an attorney. I suppose, first things first, you need to file a chapte 13 plan that addresses the payment for the car.

[aa06a47]

Sorry your having these issues. I'm afraid that since your vehical was repossessed BEFORE you filed, you might as well kiss that car good bye. However, you should consult your BK attorney. I doubt there is a loop hole, but you never know.

The company is not actually ignoring the automatic stay. They had possession of the vehical prior to your bk. Since it was there property and they got it back from you prior to your bk. If they came and got it the day after you filed BK, then they would be in trouble.