Still stressed out..

[memaria]

Ok i filed Chapter 13 on 12/31/2010. I included my auto in the plan so my payments will be $450 a month. I have a court hearing in Feb. I am still worried that because I was behind in my car that they will try to repossess it still. This is the only transportation I have. I had the lawyer send a fax over to them right away. Do you think I am out of the woods now and shouldnt worry? I have it in the garage but when I leave for anywhere I am always looking to see if anyone is following me. Am I just being paranoid?
thank you I am so glad I found this board..

Maria

[charmd]

I live in California, but my attorney told me that once you file BK you are in an automatic stay and a creditor can not take your car. You need to make all of your payments to the Trustee as agreed or they can request a relief from the stay. Your attorney should be able to confirm for you- is the car loan company still calling you? Once you file they can not call anymore and if they do you can give them your case # and attorney info so they stop.
Good luck.

[justbroke]

Ok i filed Chapter 13 on 12/31/2010. I included my auto in the plan so my payments will be $450 a month. I have a court hearing in Feb. I am still worried that because I was behind in my car that they will try to repossess it still. This is the only transportation I have.

Since you filed a Chapter 13, and included the vedhicle in the Plan, the creditor can not do anything except for object to confirmation of your plan (because they don't like the amount, or you put the wrong value in for the vehicle!).

I had the lawyer send a fax over to them right away. Do you think I am out of the woods now and shouldnt worry? I have it in the garage but when I leave for anywhere I am always looking to see if anyone is following me. Am I just being paranoid?

You are just being paranoid! Chapter 13 is very very good at stopping creditors in their tracks. Even if they did take it, accidentally, they'd have to return it and they'd get spanked by the Judge. Trust me on this one. It is extremely rare and almost unheard of that a car lender would repossess when the plan is already filed and the debtor's attorney sent them notification directly.

(Perhaps if there is some overlap and they didn't receive notice in time to stop a repossession, but the more time that elapses past 2-3 days, it becomes highly unlikely any repossession will even be contemplated. Unless, of course, you fail to make your plan payments and they seek relief from stay, or your case dismisses... whichever comes first.)

[memaria]

Oh thank you so much for replying to my thread! I feel much better...So glad im here everyone is so helpful!!!!!
thank you again!!!

Maria

[sassiebaz]

Your vehicle is safe.....