Auto Repossesion Chapter 13 Question

[Tahoe07]

I'm looking for advice about my auto if I file Chapter 13. I had my first meeting with my lawyer on June 4th. My auto loan is currently 22 days past due, it will be 32 days past due on June 17th, as the due date is on the 16th of each month. My next appoitment is June 19th and the petition signing is on or about June 25th. My question is....Can or will my bank reposses my car after June 17th ? I think my lawyer will electronically file my petition on June 25th and at that time I think the automatic stay goes into effect. Should I call my bank and let them know that I will be filing a chapter 13 and would they come and get my car after I informed them of that or should I hold them off by agreeing to make a payment on June 19th just to make sure they don't take my car. I don't actually have a case # yet, I would think I would get that on the day the petition is signed. Any advice would be great. Thanks

[Flamingo]

We had a similar situation but it appears you are not keeping your vehicle where we kept our vehicles. Basically, once you miss your first payment on a car loan, you are in breach of contract and they can come get the car at anytime. Most cars get repossessed when you are 2 to 3 months late. We were not late with payments when we met with and retained our attorney in 2/02. We were advised to stop payments on everything except the mortgage. We filed mid-April due to a delay to include large federal and state taxes owed for 2001. So we had missed two payments (2/02 and 3/02) prior to filing. The calls and snail mail letters were incessant from the two banks for our two vehicles and we did not yet have a case number just that we retained our attorney for filing and that information was given to them. During the early part of that April, we took precautions just in case they would attempt to repossess the vehicles by parking them elsewhere at night or blocking them in (we are in a rural location). Even though our attorney advised us we would be OK, it's a scarey time and it's hard to keep emotions in place and not have the fear of the repo man coming and you need that vehicle.

Since you are turning in your vehicle, ask your attorney what you should do in your situation since they can come get that vehicle at any time before you file and there is not too much you can do without that case number in hand. Best of luck to you.

[Tahoe07]

We had a similar situation but it appears you are not keeping your vehicle where we kept our vehicles. Basically, once you miss your first payment on a car loan, you are in breach of contract and they can come get the car at anytime. Most cars get repossessed when you are 2 to 3 months late. We were not late with payments when we met with and retained our attorney in 2/02. We were advised to stop payments on everything except the mortgage. We filed mid-April due to a delay to include large federal and state taxes owed for 2001. So we had missed two payments (2/02 and 3/02) prior to filing. The calls and snail mail letters were incessant from the two banks for our two vehicles and we did not yet have a case number just that we retained our attorney for filing and that information was given to them. During the early part of that April, we took precautions just in case they would attempt to repossess the vehicles by parking them elsewhere at night or blocking them in (we are in a rural location). Even though our attorney advised us we would be OK, it's a scarey time and it's hard to keep emotions in place and not have the fear of the repo man coming and you need that vehicle.

Since you are turning in your vehicle, ask your attorney what you should do in your situation since they can come get that vehicle at any time before you file and there is not too much you can do without that case number in hand. Best of luck to you.

Thanks for the reply, but I am not turning in my vehicle, I plan on keeping it and it will be included in my repayment plan, I'm just trying to decide if I should let the bank know that I'm doing a chapter 13, will they try and take the auto knowing that I can get the vehicle back when the petition is signed or should I call them and set up a EFT for 1 payment just to make sure they don't come and take it, I'm not sure what they will do since I really don't have a case # yet. The timeline between when the petition is signed and me being 2 months behind in payments is real close, not sure what to do, I guess I will call my lawyer and find out what they suggest. I might be better off just making 1 more payment before the petition is signed, just to be safe.

[sassiebaz]

If you are keeping the vehicle, then why wouldn't you set up your payment? Are you doing a cram down? I assume no, if your vehicle is a 2007. I am just referring to your username. Chrysler took about 60 days, then sent out the repo guys. It was an awful situation, but we filed an got an automatic stay. It's up now and we have to give the vehicle back. I cannot say whether or not you should make another payment, but I dont think they will be sending out the repoman just yet. Im no expert though. I would make the payment just to be safe. Or see if they will let you skip a payment or just pay the interest.....

[tkharvey]

Are your vehicles with a credit union and if so, do you have any other accounts with them that you are behind on? If so, be careful. We were current on our car loans and they came and repo'd them because they exercised their right to "cross collateralize" (we were late on our Visa with the same credit union) and yes, they knew we were about to file Chapter 13 although we had no case number yet. I would say make a payment if you plan to keep the cars. It is humiliating and stressful to have your car repo'd. It was awful....

[Flamingo]

I took the wording in your original posting as indicating you were not keeping your car ... "Should I call my bank and let them know that I will be filing a chapter 13 and would they come and get my car after I informed them of that ..." I am assuming your vehicle is being crammed into your plan. Ours were. The odds are in your favor that they will not take any action on getting your vehicle until you are 60 days late; there is no guarantee, however, that they will not come sooner than that. As I stated in my previous posting, we missed our February and March payments and filed in the second week of April and they did not come for our vehicles but we took precautionary measures anyway toward the end of March/early April. If you are truly concerned, talk to your attorney.

[Tahoe07]

I took the wording in your original posting as indicating you were not keeping your car ... "Should I call my bank and let them know that I will be filing a chapter 13 and would they come and get my car after I informed them of that ..." I am assuming your vehicle is being crammed into your plan. Ours were. The odds are in your favor that they will not take any action on getting your vehicle until you are 60 days late; there is no guarantee, however, that they will not come sooner than that. As I stated in my previous posting, we missed our February and March payments and filed in the second week of April and they did not come for our vehicles but we took precautionary measures anyway toward the end of March/early April. If you are truly concerned, talk to your attorney.

Thanks so much for all your input, I think I will make another payment so I'm not 60 days behind just to be safe, I hope they don't decide to repo it before the 60 day mark, that would be really awful. Thanks Again

[maddog2112]

They probably wouldn`t reposses before the sixty day,mark unless you tell them you are filing BK. Unless you can keep it locked up in your garage until you file, making one more payment to keep them away might be your best bet.

[CH33 Paralegal]

I wouldn't say anything about a Ch13, but other than that do what you can to keep them at bay until you have the case number.

Picture if you were the repo guy and somebody said "i'm filing bankruptcy" you'd ask, "ok, what's your case #?". they would answer "well, I don't have one yet but...."

Personally, I'd hang up the phone right there and go on a car hunt if I was the repo guy. Usually telling them you'll pay by a day that is further away than your filing date works.....

BUT ALWAYS REMEMBER, THEY CAN REPO AT ANY TIME REGARDLESS OF VERBAL AGREEMENT.

[BamaDad07]

BUT ALWAYS REMEMBER, THEY CAN REPO AT ANY TIME REGARDLESS OF VERBAL AGREEMENT.

This is correct. When my evil ex was still around she had purchased a van from a buy here pay here that financed for an ungodly interest rate. Long story short she was one day late (thats right one day late) on the payment and they repo'ed the mini van. The company that financed wasn't connected with the dealership but is a nationwide lender; I checked with the BBB and rip-off report dot com and there was hundreds of complaints on BBB and more on Rip Off Report of repo's like this. There was documented proof that the Lender was repo'ing the vehicles and sending them to different dealers within there Network with out giving the debtors the allotted time to try and payoff the debt.

Having a vehicle repo'ed is a bad feeling and embarrasing also. At the time the van was repo'ed I was trying to get to work and missed work that day.

[CH33 Paralegal]

It sucks and I've found that many car creditors, especially the more BHPH-ish they are and the smaller they are, are about as professional as a poorly brought up elementary student. They are brash on the phone, they make disparaging comments, they act like they can't take calls, and just behave like little children, as if you stepped all over their favorite tonka.

[eewizard]

I'm looking for advice about my auto if I file Chapter 13. I had my first meeting with my lawyer on June 4th. My auto loan is currently 22 days past due, it will be 32 days past due on June 17th, as the due date is on the 16th of each month. My next appoitment is June 19th and the petition signing is on or about June 25th. My question is....Can or will my bank reposses my car after June 17th ? I think my lawyer will electronically file my petition on June 25th and at that time I think the automatic stay goes into effect. Should I call my bank and let them know that I will be filing a chapter 13 and would they come and get my car after I informed them of that or should I hold them off by agreeing to make a payment on June 19th just to make sure they don't take my car. I don't actually have a case # yet, I would think I would get that on the day the petition is signed. Any advice would be great. Thanks

I just completed making payments on my 57 month plan in TX. I can't say that it applies everywhere but in my case I had a 1 year old crew cab diesel which I wanted to keep. I was behind 2 notes at the time I decided to file. My lawyer told me when I had my 1st "consultation" with them that if I wanted to retain them on that day (which I did) we would get everything started (paperwork) and any creditors who contacted me should be referred to their office. I asked basically the same question about my vehicle getting repossessed and this is what I was told:

1. do not answer questions from any creditor about anything (including do not tell them you are filing bankruptcy)...just tell them you are being represented by their lawfirm and they would have to speak to them.

2. I was told that even if they repossessed my vehicle...not to panic...remain calm...and contact them (lawyer's office) as soon as possible and they could guarantee that my vehicle would be returned to me immediately after they were able to contact the bank/finance company.

Luckily, I never had to find out whether or not the lawyer could really get a repo returned because everything worked out.


Just be patient and everything will work out....I'm still waiting for them to stop the automatic debits from my paychecks....haven't had that money in my budget for so long now it doesn't even matter...it's just like a big bonus "refund" building up every time they get another payment...I just wish I could have understood earlier in life that I did not need credit to survive...