One call from your attorney and I bet you get that car back!!!!! They blatantly violated the automatic stay and that is a big deal!! They will have to return the car, file a motion to lift the stay then repo the car again. Period.
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Chapter 7 Pro Se....Discharged Feb. 2006 -
I went to the BK clerk office yesterday to see what info was on PACER. The bank in my case has not even filed a motion to lift the stay. The reason I am concerned, even though we are surrendering the vehicle, is the letter from the trustee says WE are responsible for keeping the property in good condition and protecting it. I have no idea how the repo man took it, for all I know they dragged it out which *CAN* damage the drivetrain. I filed pro se so do not have an atty, however I am writing the trustee and will drop it off at the trustee's office today.Filed 9/5/07
341 10/4/2007
Last Day for Objections 12/3/2007
DISCHARGED 12/4/2007
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QUESTION,
Had you received repo papers BEFORE you filed bankruptcy???? Or did you "surrender" it in the bankruptcy filing?
Did the notifiations you receive come from the Court?Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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we did list the truck to be surrendered in the BK. I never received any notice prior to filing the BK. And the bank has not filed a motion to lift the stay. This past week, we received the usual "after repo" letter which says when they took it, what we owe, when & where it will be sold, etc. I notified the trustee it was taken by dropping a letter off at his office but I have not heard anything else. Our 341 is Thursday so I guess we'll know then if they broke federal law.Filed 9/5/07
341 10/4/2007
Last Day for Objections 12/3/2007
DISCHARGED 12/4/2007Comment
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There is a world of caselaw involing a repo that violates the automatic stay and it nearly always end badly for the creditor.
You don't file a lawsuit in the conventional sense. Your attorney will file a motion alleging violations of the automatic stay and request a hearing before a bk judge. As another poster said, the issue is pretty darned "cut and dried". Here's a recent decision from the 10th Circuit. Notice the debtor does not need clear and convincing evidence to prevail-only the preponderance of the evidence.
BTW, the case is from this site: http://www.abiworld.org//AM/Template.cfm?Section=HomeComment
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