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Chapter 13 and repossession

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    Chapter 13 and repossession

    I filed chapter 13 back on November 6 and have my case #. I sent my credit union a letter stating this and also faxed one to them. They continued to send letters stating that I was behind a they were going to come repossess my vehicle. Well last night while we were out a neighbor said the repo man came by. I thought that once you filed they could not come after your vehicle. If he comes back tonight can I simply show him my papers where chapter 13 has already been filed? I don't want the hassle of giving the car over to him and having to wait to get vehicle back.

    #2
    We filed and they came and took our car in the middle of the night about a week later. I had told chrysler we filed, but they still did it. We could have gotten it back, according to our Attorney, but we didn't bother. I guess they are not supposed to do that. I asked the tow truck guy if I could show him my papers to show we filed and he said it didn't matter to him, he had orders to take it and he was taking it. He was nice enough to let us get our stuff out first. But a bit embarassing!

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      #3
      Back before I was discharged and the hearing not yet ehard for a car fianced thru Citizens bank I had a repo guy come out. I showed him the papers. he acted clueless said he would call the police if I did not tell him where the car was. This is Georgia so no writ needed if I was not under protection of federal BK auto stay. I told him go ahead if he did not leave now I would charge him with tresspass, harrsment and attempted grand theft auto and pulled out my own phone with the number already selected.

      He left. it was 2 months after I was discharged a new company started asking around at which time I set up a time for them to come get it.

      If they have even CALLED about it after that and if they guy pushed it at all, and I had a lawyer that was not totally unwilling to get into a fight, I would have gone for sanctions against them
      3/2/09- Filed: chapter 7 / No asset
      4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
      4/2/09- Trustee Report of No Distribution Filed
      6/24/09- Discharged and case closed

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        #4
        Originally posted by hawgslayer View Post
        I filed chapter 13 back on November 6 and have my case #. I sent my credit union a letter stating this and also faxed one to them. They continued to send letters stating that I was behind a they were going to come repossess my vehicle. Well last night while we were out a neighbor said the repo man came by. I thought that once you filed they could not come after your vehicle. If he comes back tonight can I simply show him my papers where chapter 13 has already been filed? I don't want the hassle of giving the car over to him and having to wait to get vehicle back.
        What your credit union is doing is a direct violation of your automatic stay. Your CU may be trying to snag the car before they get official notification from the court that you filed, then will play all innocent about not knowing you filed because they hadn't been notified by the court yet. (Unfortunately letters and calls from you have no legal standing, although they can be used to bolster your case that they are violating your stay.)

        You need to get your lawyer on this NOW!! Don't worry about the repo guy - just park the car somewhere inside behind a garage door and let him fume. Be careful leaving the car anywhere in a parking lot - work, the store, etc. They can snag the car and take it once you walk away. Getting the car back, even though they have no legal right to take it, will not happen very quickly. Best to avoid them getting it in the first place.

        You need to get the CU to withdraw the repo, and you need your lawyer to contact the CU and be threatening to make that happen quickly. If the CU persists even after your lawyer contacts them, they can get themselves into real legal trouble. Bk court judges hate it when creditors violate the stay, especially as blatantly as this one is.
        Last edited by lrprn; 11-22-2009, 07:23 PM.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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          #5
          Thanks guys for all the information. I have it in the garage and will stay there until I get my lawyer to talk to them this morning. I thought I was in the right but wasn't absolutely sure. I knew if they got there hands on the car it could take a while to get it back so just put it up for right now. It is funny how stupid they play knowing good and well they have seen all the papers that have come up there. We had put money in our account last month and funny thing is that they didn't touch it until the day they signed for a letter and received a voicemail and a fax. HMMM

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