Please Help Me - Question Regarding my vehicle and don't want it taken

[FishersMike]

Okay here is the deal. My Chapter 13 should be filed on November 10th. Chrysler Financial is famous for bugging the heck out of you after 2 days late.... seriously they call over 10 times a day. So I ignore their calls. It is now 30 days late. I know normally they would not repo the car in 30 days --- however --- the representative pissed off that I am not answering their harassment amount of calls decided to call my mother in California. My mother in California STUPIDLY (she knows better!) said to them "You know he filed Bankruptcy, right?" -- and of course the lady from Chrysler Financial said "No, we did not know that".

My concern is this..... do you think they are now going to quickly decide to repossess the vehicle knowing this? Now my mother did say I filed it, and not going to file, but I assume it would not take them long to check it out.

My attorney when I talked to him on the 1st for my signing appointment said if they do repo the car, then as soon as I file they would have to give it back. But I do not want this to happen - I know I could borrow a friends car if it did for a few days, but I do not want more being added to the unsecured portion of my Chapter 13. Attorney said they would not get their repo costs back as we are only cramming down the value of the car..... however my sister is a co-buyer and after 5 years any deficiency they could go after her for, so I want to avoid the expense.

Please provide your thoughts/opinions. Part of me was 'thinking' about calling them now and advising I did file Chapter 13 but either BS them and say I am going to reaffirm or I could say I was going to pay the balance in the plan....

Thanks everyone!

[mrskal]

Maybe it is different in Indiana, but my car got repo'd and my lawyer said, Once it is taken I could pay the arrears and the repo fee to get it back, but I did not have that kind of money. That sucked for me, cuz I wanted to keep the car until after my 341 and turn it in then. I was a few days late in filing

[LadyInTheRed]

FishersMike, do you have a garage where you can lock your car until you file? Then borrow your friend's car for a few days.

[FishersMike]

Yes I have garage and going to call my friend now.... I'm just so upset she threw me under the bus as I explained to her last night over phone that have no protection and couldn't tell Chrysler until it was filed. I can understand her being upset they called her but it is not like I knew three years ago I was going to file bankruptcy. She could have told them to not contact her again instead of opening her mouth.

[LadyInTheRed]

Don't be too hard on your mom. Debt collectors are experts at scaring people into talking even when they know better. He probably intimidated her. Either that or she thought it would help to tell them you filed. I don't know your mom, but I like to give people the benefit of the doubt.

You may want to call your attorney tomorrow and confirm they are on track to file on the 10th. Squeaky wheel and all.

Hang in there. You have less than a week to go until you can tell your creditors where they can go.

[AngelinaCatHub]

Don't be too hard on your mom. Debt collectors are experts at scaring people into talking even when they know better. He probably intimidated her. Either that or she thought it would help to tell them you filed. I don't know your mom, but I like to give people the benefit of the doubt.

You may want to call your attorney tomorrow and confirm they are on track to file on the 10th. Squeaky wheel and all.

Hang in there. You have less than a week to go until you can tell your creditors where they can go.

I strongly agree. Mom is Mom and "don't you forget that!" LOL. So, she made a mistake? You have too. So, in Chapter 13 after you file they can do nothing. How far back did I read you were? I do believe they have to address you legally about a repo. Have they? In our state, it must be advised, but I'm not sure of all states.

In any case, the legally thing is you own the car and if you wish, you could hide it. Pain in seat, but you only have some days before they are stuck. Chip up a bit. 'Hub

[FishersMike]

30 days late no mention of repo via letter or phone. Don't know if they have to give notice in Indiana or not. I have been 30 days late maybe 4 or 5 times max in 3 years. The only reason I could see them doing repo this soon is only because they heard I filed bankruptcy.... soon as they verify online I have not they will realize that is my intention. My Jeep is locked in the garage and friend on his way over with his Jeep for me to borrow as luckily he carpools and doesn't drive to work. Just so inconvenient. And the worst part is they still had auto dialer trying to call me... you would think as soon as they heard I filed bankruptcy they would stop contact attempts until at least verifying it. Chrysler is just pissed because they call all the time from a dozen different numbers.... I tell my phone to go straight to voicemail on their numbers... contact named "do not answer" and I use Goggles Voice for my voicemail and this contact plays a fake "this number is no longer in service" so they can't actually leave stupid messages. They may get through once in awhile but I immediately add the number to that contact LOL. They are so harassing the actual person called from different number and was able to leave voicemail. I immediately added number to ignore list..... apparently she felt she needed to call right back and then got the disconnect message and freaked out and called my mother to say my number was disconnected.... of course failed to mention she got through literally one munute prior. They are the most rude and harassing creditor I have EVER dealt with. Seriously who calls 10+ times a day after 2 days late?