Repossession

[dvdcsr]

Hi all,

I posted here a couple of weeks ago regarding getting my car back after a repossession. I was told, by an attorney, I could get it back within 15 days of it being repossessed. Well, I decided at the time to forego Chap 13 due to my money situation. Well a few days ago I received a letter from my lender saying that they have extended me an additional 20 days before my car is sold at auction. I thought at this point the car was already at auction. My question is if I file chapter 13 now am I still able to get my car back or did I have to file within the inital 15 days?

Thanks

[justbroke]

My question is if I file chapter 13 now am I still able to get my car back or did I have to file within the initial 15 days?

So long as they hadn't disposed of the property when you filed... you're okay! It's their choice to let it sit there.

[dvdcsr]

I noticed you filed Pro Se. Was it difficult?

[justbroke]

I noticed you filed Pro Se. Was it difficult?

Yes. It's because I have many assets to protect, and I am a high income earner. I also have large unsecured debt and over $1M in secured debt. That makes it complex (more than 40 creditors).

If your case is "simple" (whatever that means!), then it is entirely possible to do a Chapter 13 pro se. While I don't recommend it for just anyone, it's possible to even do a more complex one.

For example... I did a Motion to Strip Lien on my 2nd. It had a 30-day negative notice on it. The 30 days has elapsed and the Creditor didn't respond -- usually meaning that they don't oppose it. When I called the clerk of the court to inform them that the 30 days elapsed without a response, and asked about an "Order", they immediately told me I had to write my own proposed order.

I already knew this, but the average layperson would be just stumped and not know what to do. Much of the issue with doing this yourself is that if you get into Motions and Objections and quite possibly miniature lawsuits (aka Adversary Proceedings), the Federal Rules of Civil Procedure and Federal Rules of Bankruptcy Procedure all come into play.

Knowing what the various formats of Pleadings, proposed Orders, and the general guidelines for your particular Judge and District, can be overwhelming.

Having wrote all that... sure... it's fun!

After having done this filing (pro se) because I didn't like how much the lawyers wanted to take my case (averaged about $2,800 and I couldn't afford it at the time)... I see why they charge so much!

At first, it was fun and cool... real simple. Now I'm in the litigious portion of my pre-Confirmation case, and it's getting real now. However, I've done okay, and haven't made any glaring mistakes (except for some minor service process issues).

[dvdcsr]

WOW!! I don't think I'll even go there. Mine probably would be very simple. I only have the car and no CC debt. I'm just concerned that I may do something wrong and lose my car fo good.

[AngelinaCatHub]

WOW!! I don't think I'll even go there. Mine probably would be very simple. I only have the car and no CC debt. I'm just concerned that I may do something wrong and lose my car fo good.

I saw you on another post. You are too worried. You can reaffirm you car note, but the best is a "ride through" were they take your money you keep the car. If you find you cannot keep the car you may surrender it without penalty after discharge. 'Hub

[dvdcsr]

You're right I am worried. I have to pay the attorney alot of money to file the papers for me and I don't want anything to go wrong. I just don't want it to be a waste of money and then not have my car.

I'm not sure I understand what you mean when you say "ride through". what is that?

[Tbornetun]

WOW!! I don't think I'll even go there. Mine probably would be very simple. I only have the car and no CC debt. I'm just concerned that I may do something wrong and lose my car fo good.

What other debt do you have besides the car? You stated you had no CC debt. Please tell me you are not filing just to keep a car.

[dvdcsr]

I am absolutely filing to get my car back. I have no other means whatsoever of getting another car.

[Tbornetun]

You have no other debt?? Take the attorney fees to go buy another car.

[WantOuttaDebt]

Not to be a sore thumb but I think filing to get a car back is a bad move. My DF and myself lost a car to repossession after we had our 1st child. The company told us to pay the back payments and then we could go pick up. We obliged and when we called to see where / when we could get the car back they told us that it had already been sold.

From what I have heard from others is if they already have the car you are going to have a slim chance of getting it back.

Good luck though. I also think it would be in your best interest to take the $$ for the atty fees and just get yourself a used car.

[NowImDownInIt]

Not to be a sore thumb but I think filing to get a car back is a bad move. My DF and myself lost a car to repossession after we had our 1st child. The company told us to pay the back payments and then we could go pick up. We obliged and when we called to see where / when we could get the car back they told us that it had already been sold.

From what I have heard from others is if they already have the car you are going to have a slim chance of getting it back.

Good luck though. I also think it would be in your best interest to take the $$ for the atty fees and just get yourself a used car.

That is not entirely true... I got my car back. It depends on how fast you act, but I wouldn't file just for my car.

[Tbornetun]

That is what I am thinking, why would you file to keep a car? If you couldn't afford the car to the point that it was repossessed, how will you afford the car to continue the payments in a Ch. 13? No car is worth filing a BK for IMHO. Is the car even going to last the length of the plan?

[dvdcsr]

You all don't seem to understand. When I bought the car there wasn't an issue at all of being able to afford it. We had a job lose three months after I bought the car. Then we had some financial issues that are now resolved, oddly enough 2 days before they repossessed the car. With both of these issues I did get behind on the payments. There is not an issue now of being able to make the payments. I can't qualify for a loan to get another car and the money that I will pay the attorney is not enough money to get a reliable car that will get me back and forth to work. I really don't have a choice at this point.