Letter from auto loan bank

[marzipan13]

ok, so my auto loan bank lifted the stay and took back the car. i get a letter from them saying they are going to auction off my car.
but some statements in this letter i am trying to understand.
first, they say that if they get less money than what i owe, i will still owe the difference.
but then at the bottom there is a note that says if i am protected under the bk code, then this communication is for informational purposes only, not to collect a debt.
the page that's titled 'intent to dispose of vehicle' (at auction) says "If you have filed bk - we may file or amend our Proof of Claim as allowed by law".
What does that mean?
i'm a no asset case, so how can they claim anything? this debt will be discharged.
i hate that just because they put 'informational purpose only' that it isn't violating my rights.
to me, this bank has violated my rights 4 times when they knew i was in bk:
1. sending me statements with late fees, but putting 'info only' on it.
2. sending me repossession letter
3. repossessing the car BEFORE the order to lift stay was entered and filed in the court
4. sending me this last letter that i still owe them money
what a bunch of bs!
i've contacted them so many times... customer service, their legal dept, their lawyers... they all apologize for the letters and still they keep it up.
i think i'm gonna contact a bk lawyer on monday. since my bk case will be discharged in a week, i want to sue this banK!!!

[genseeker]

3. repossessing the car BEFORE the order to lift stay was entered and filed in the court

Was the bank required to send you a copy of the request to lift the stay? Did you get notified by the court when the motion was filed? Did you get a copy of the order sent to you by the court?

We filed BK7 on 9/5/07 and indicated to surrender the vehicle. Parked the truck on 9/3/07, locked it, and brought the keys into the house. This evening I noticed the back yard didn't look "right" and I then realized the vehicle was gone. Neighbor told me that yesterday, a roll back pulled in, loaded the vehicle and took off quickly. We still have the keys in the house and were only waiting for the stay to be lifted. We have not received anything about lifting the stay or received anything from the bank since right before we filed.

[dscurlock]

Was the bank required to send you a copy of the request to lift the stay? Did you get notified by the court when the motion was filed? Did you get a copy of the order sent to you by the court?

We filed BK7 on 9/5/07 and indicated to surrender the vehicle. Parked the truck on 9/3/07, locked it, and brought the keys into the house. This evening I noticed the back yard didn't look "right" and I then realized the vehicle was gone. Neighbor told me that yesterday, a roll back pulled in, loaded the vehicle and took off quickly. We still have the keys in the house and were only waiting for the stay to be lifted. We have not received anything about lifting the stay or received anything from the bank since right before we filed.

what did you think was going to happen, in either case, did you think you was going to keep the car? its obvious that the car in both of your cases has a balance on the cars and your payments are not kept up-to-date....as long as you guys have your cars listed in your BK, then your fine, but they will come for their cars...and it seems they did in your case.

[dscurlock]

ok, so my auto loan bank lifted the stay and took back the car. i get a letter from them saying they are going to auction off my car.
but some statements in this letter i am trying to understand.
first, they say that if they get less money than what i owe, i will still owe the difference.
but then at the bottom there is a note that says if i am protected under the bk code, then this communication is for informational purposes only, not to collect a debt.
the page that's titled 'intent to dispose of vehicle' (at auction) says "If you have filed bk - we may file or amend our Proof of Claim as allowed by law".
What does that mean?
i'm a no asset case, so how can they claim anything? this debt will be discharged.
i hate that just because they put 'informational purpose only' that it isn't violating my rights.
to me, this bank has violated my rights 4 times when they knew i was in bk:
1. sending me statements with late fees, but putting 'info only' on it.
2. sending me repossession letter
3. repossessing the car BEFORE the order to lift stay was entered and filed in the court
4. sending me this last letter that i still owe them money
what a bunch of bs!
i've contacted them so many times... customer service, their legal dept, their lawyers... they all apologize for the letters and still they keep it up.
i think i'm gonna contact a bk lawyer on monday. since my bk case will be discharged in a week, i want to sue this banK!!!

I really do not know about all these violations you say the bank is making, your chances of a lawsuit would be better if loss of life was involued, not some potential fraud you think the bank is making....you filed bk, you owe a bal on your car, and your not paid up, they are coming for your car, you can yell lawsuit all your want, but they are going to get the car. You just make sure you included the car in the BK, and if its discharged, you are not going to owe a balance...

normally that is correct, your car would be taken away, and normally within 30-60 days the
car would be sold at auction, leaving you the balance, ending up on your credit report as
most would not have cash to pay off the car difference.

I had a $40k truck, and only had just a handful of miles on it, they come got it,
in my opinion under-sold it in a auction for $20k, and left me the balance of $20,000
tells you how good the system works, they could have sold it for a better rate
if they really wanted too, but they get rid of them as fast as possible by
sending the vehicles to car auctions. oh well.

[familyof7]

BUT thay can get in trouble for not following due procedure (lifting the automatic stay) that is what the motion to lift stay is there for. There is a right and a wrong way to do things and they did it the wrong way. What if you were to change your mind in the next week or so and decided to keep the car you have so many days to change your mind that is why they must file a motion to lift stay.

[familyof7]

Keep the letters they can be fined and possiably owe you money. Someone else on this forum not to long ago sued and won money (they settled out of court) for a creditor violating stay by sending letters. Any contact they make with you in regards to this debt is a violation . They were not even supposed to repo until the courts gave them permission by lifting the stay.

[dscurlock]

BUT thay can get in trouble for not following due procedure (lifting the automatic stay) that is what the motion to lift stay is there for. There is a right and a wrong way to do things and they did it the wrong way. What if you were to change your mind in the next week or so and decided to keep the car you have so many days to change your mind that is why they must file a motion to lift stay.

if this was just a perfect world then companies would
do the right thing, we do not live on that world,
who knows why they do the crazy things they do.

they might be thinking at this point, you may not have the
money or the means to even fight them. who konws what
they are really thinking, or not thinking.

[dscurlock]

Keep the letters they can be fined and possiably owe you money. Someone else on this forum not to long ago sued and won money (they settled out of court) for a creditor violating stay by sending letters. Any contact they make with you in regards to this debt is a violation . They were not even supposed to repo until the courts gave them permission by lifting the stay.

Im not going to argue that, all your doing is reading what others say...I have reaged accounts on my credit report (which i was told is illegal), ive contacted several attorneys about this, they did not seem to care or interested in this, so why would i think otherwise reading about someone else's "letters" and he filed and won a lawsuit, unlikely, but hey ok, if he says so...

[dscurlock]

Keep the letters they can be fined and possiably owe you money. Someone else on this forum not to long ago sued and won money (they settled out of court) for a creditor violating stay by sending letters. Any contact they make with you in regards to this debt is a violation . They were not even supposed to repo until the courts gave them permission by lifting the stay.

then file against them... how many people on this forum
have claimed a lawsuit and won, just one? Those
are not very good odds as many posts as you see on this forum, but maybe you can make it number two.

if you win, they will be paying you, if you loose,
you will most likely be paying them., or they
may wish to settle out of court...

good luck on that.

[familyof7]

Its one thing to put it on a credit report. But to send a letter directly to you and repo a car without a motion to lift stay that is a clear violation of Federal law and can land someone in alot of trouble. Most of the time the attorney you use to file the case will pursue the violations of the creditors. If your attorney would not pursue that I am sorry maybe contact a different attorney. But just a mark on your credit report is not usually enough to pursue. Yes you can dispute collections on your credit report. Yes it is legal. If it is included in bankruptcy they must put a zero balance and say included in bankruptcy or delete it. I know this because I just finished cleaning my credit. and my score went up 100 points.

[familyof7]

then file against them... how many people on this forum
have claimed a lawsuit and won, just one? Those
are not very good odds as many posts as you see on this forum, but maybe you can make it number two.

if you win, they will be paying you, if you loose,
you will most likely be paying them., or they
may wish to settle out of court...

good luck on that.

If you loose you will not owe them. That is just non sense.

[familyof7]

The reason not many people sue is because MOST creditors are smart enough to back down when you file because they know how much trouble they can get in to

[dscurlock]

Its one thing to put it on a credit report. But to send a letter directly to you and repo a car without a motion to lift stay that is a clear violation of Federal law and can land someone in alot of trouble. Most of the time the attorney you use to file the case will pursue the violations of the creditors. If your attorney would not pursue that I am sorry maybe contact a different attorney. But just a mark on your credit report is not usually enough to pursue. Yes you can dispute collections on your credit report. Yes it is legal. If it is included in bankruptcy they must put a zero balance and say included in bankruptcy or delete it. I know this because I just finished cleaning my credit. and my score went up 100 points.

I think after contacting roughly 10-12 attorneys in my area, getting the same answer from each one, I think i am getting the general idea where this is going for me, nowhere...

Im not saying your wrong, im saying persure it.

You have to find an lawyer that will accept your case,
you will be the one fronting the money, atty fees, court
costs, etc...you will be flipping the $$ until either you
win the case, or until someone wants to settle., and
if he does not want to settle, or wait to the last min, then
you could be waiting months, depending on long it takes
for your court time to roll around.

[dscurlock]

The reason not many people sue is because MOST creditors are smart enough to back down when you file because they know how much trouble they can get in to

but in your case, its a little to late to
back down, your saying they clearly
violated your stay, right?

[familyof7]

Marzipan13,
I would call your attorney. If you filed pro se call your trustee or some local attorneys. They broke the law and if you want to make them pay for breaking the law pursue it.