Help!!!!!!

[mickeysfriend]

My car was repossessed about 2 weeks ago. We got our chapter 13 filed last Thursday. My attorney called the credit union to inform them that we filed and to find out where we could pick up the car. The CU is refusing to hand the car over to us unless we pay the towing/storage fees. My attorney is saying that is illegal, and that they are supposed to include that in their claim.

Attorney says either pay it so we can get the car and we'll file a lawsuit against them. OR just file a lawsuit against them and get the car later.

anyone have experience with this? What is the norm?

[justbroke]

This is not normal, and the Credit Union is on very deadly ground. The Bankruptcy Court does not play around when it comes to Violation of the Automatic Stay.

Your lawyer will file a Motion to Show Cause and for Sanctions. The CU will be compelled to return the car and they have to submit a CLAIM just like everyone else, for any fees!

Your lawyer is doing it right. He has to first demand it back... then demand with notice of intent to file a motion to show cause... then actually do it!

Let us know how it works out. I'm always interested in these types of issues (Violations of Automatic Stay).

[mickeysfriend]

AAGGHHHHH!!!

update:

Talked to attorney yesterday and was advised to go ahead and pay to get the car back, then we would deal with it later. FINE. We just need the car back! So, we were prepared to pay $460.00 today to get the car back. Called the Credit Union and the lady I have to deal with never called me back. So, I went in to a branch and told them they needed to help me get ahold of someone that could help me get my car back and that I wasnt leaving until I had some information. No problem, they had the lady on the phone within 2 minutes.
She tells me I need to pay with cash or cashiers check, $360.00 TO THEM and then I needed to call the storage place to see what I owe there. I called the storage place and they said I needed to pay them $320.00. BIG price difference from the original $460.00. I asked what the $320.00 included and they said it included a maintenance inspection and detail job. ??????

So, I called my attorney AGAIN and now they are playing phone tag with the Credit Union's attorney. I'm SOOOO irritated!

[NewHope]

Being a Former Repo man myself ,

They way I think it works is you have about 10 days to redeem, and If I am not mistaken they cannot charge you fees, then they become a creditor....

We used to not charge the fees of $10 a day storage, and whatever the tow was to the debtor, we charged the client (AKA BOA, GMAC, Ford).

When and if you redeem, go thru your things with them, make sure what was in your car is still there and if there are any items missing make a note. Also make sure your tag is still there, I lost some of those and dang its expensive to fix...lol

Good luck
Chris

[mickeysfriend]

oh geez. it just gets better and better.

The credit union had sent me a letter saying that today (November 7th) was the last day we could come claim the car to get it back. That was BEFORE they knew we had filed chapter 13.
I called my attorney today to make sure nothing would happen to the car now that we're filed and waiting to figure all of this out and he doesnt have an answer for me. The Credit Union attorney isnt returning calls.

Can they auction off my car? what about the automatic stay? how can this be happening?

[justbroke]

Can they auction off my car? what about the automatic stay? how can this be happening?

No they can't. The problem is, they didn't know about the Stay, but now they know! They can't do anything with it, or they'd be in a bunch of trouble now.

Don't fret, it will be sorted real soon too.

[mickeysfriend]

.....still waiting on this and getting SOOO impatient!!! Every day that goes by is another day that we are going to have to pay storage on!!!

My attorney doesnt seem to have an answer for me and apparently the credit union attorney isnt returning phone calls. I've gone almost a week with NO communication from my attorney, which is really irritating!

[BigJohn]

I just was thinking......

If a person stores a gun in their car and the car gets repossessed, I think the police would get involved, especially if there is a missing firearm.

[mickeysfriend]

BigJohn....i dont get it

[BigJohn]

I was just talking to myself. If a gun was stored in the car, and the car was repossessed, I got a feeling this would be settled very fast, especially if the police got involved.

I had a car a dealership tried repossessing illegally so I know a little bit what you are going thru.

[cool33097]

Not true. Just because a gun is in a car; the police does not get involved.