Question Chapter 13

[ranlaws]

Question Chapter 13
I have done paid my attorney and done the credit management course, but the law firm has yet to file my case. Every time I call I get voice mail then I hit 0 for reception I am told whoever is processing my file is, or my paralegal is out. I don’t really care what their work schedule is but my question is can one of my cars be repossessed, I am thinking it can and my case not being filed will give me no recourse to get it back. Am I thinking right? Thanks

[goon]

I am sure others with more experience will chime in here. but the short answer is that if you are far enough on your car payment that they "could" repo, than they can up to the point you file. If you are surrendering the car as part of the plan than dontt worry about it. If you are keeping the car as part of the plan than just make sure that it is not sitting in front of any address that was listed on your car loan docs until you get the bk filed. Park at a friends house, on in a garage. This should buy you enough time to get filed and get the stay.

They will typically try to take it while you are unawares for a while before actually confronting you.

[despritfreya]

If you are delinquent in payments the lien holder has the right to repo the vehicle until the moment you file bk. If the vehicle is repoed prior to filing a Chapter 13 and you want to get it back the following applies:

1. Under State law, once a vehicle is repoed, you must have the right to get it back. In other words, there must still be “strings attached” to the vehicle so that you still have an interest in it. For example if the vehicle is leased, in most states, once the vehicle is back in the possession of the titled owner, the leasing company, you no longer have any rights. Compare this to a financed purchase where, in most states, there is a noticing requirement before the vehicle can be sold by the lender.

2. Assuming there are stings still attached, the Chapter 13 must be filed BEFORE the lender disposes of the vehicle. Once disposed of, those “strings” are gone.

3. Once the 13 is file, and assuming you have full insurance coverage on the vehicle, you can demand the turnover of, what is now, property of the estate.

Getting the vehicle turned over may or may not be a problem. If you are dealing with one of the big lenders, (a major bank, FMC ect) there is usually no problem so long as the vehicle is properly insured. If you are dealing with a "buy here-pay here" place you may have to file a Complaint for Turnover and get a Court Order.

Des.