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    Please help

    Hi, Im new to this board, I am in the process of filing Chapter 13 and I am behind in my car payments . I am having my car payments put in the payment plan. question is once the Chapter 13 is filed can they still go after me to repossess the past due amount or am I protected since it is in the the plan? I am in Illinois. Im so upset because I need my car for work. Please respond , Also we are filing as soon as tmrow . I have been making payments with my lawyer finally have enough to pay him for the Chapter 13. Is this normal for them to not file till the whole balance for filing is paid? Or did I just get a attorney that just does it this way.
    thank you,
    Maria
    Last edited by memaria; 12-29-2010, 10:31 AM.

    #2
    As soon as bankruptcy is filed - you get an automatic stay. They cannot repossess the vehicle. The only way they could take any action is to file a motion with the court to lift the automatic stay. I could not see, especially if your only vehicle, the judge would let them take the vehicle if your plan shows the monies for the value of the car will be paid in the plan. Even if such motion was filed, you would have time to get your attorney to respond and have your day in court. I would not be worried about it to be honest, just get it filed quickly.
    Chapter 13 Filed November 10, 2010 Indiana - Southern District - United States Seventh Circuit
    Attended 341 hearing 12/15/2010

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      #3
      Regarding need help

      Many thanks for responding so quickly back to my response. and I am going to file ASAP..
      thanks again,
      Maria

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        #4
        Your welcome and best of luck to you
        Chapter 13 Filed November 10, 2010 Indiana - Southern District - United States Seventh Circuit
        Attended 341 hearing 12/15/2010

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