Filed Chapter 7 pro-se and car question

[Bobbi]

I filed a week ago pro-se. Chapter 7, no asset. i have a car that 28,199 is owed on.

I got something in the mail yesterday, mailed regular mail, dated the 22nd. The first is just a copy of a request to be notified by the court. The second from them is a form saying I now owe the full amount due on my contract and they have the right to excersize any of their rights under the loan.

Is this standard after you file, or are they going to repo me, eventhough a motion to lift stay has not been filed? I do not have a 341 scheduled yet, because i am not at the 15 day deadline to have all my forms in.

Thanks in advance! I am new, but i lurk alot, and I couldn't find this question in any posts.

[MomIcantFindmy]

Are you current on the car? I would call the creditor and let them know you filed and give them the number.

[Bobbi]

Are you current on the car? I would call the creditor and let them know you filed and give them the number.

we called the day we filed. we are not current. they have the case number, because they sent me the copy of the form they sent the court. they did not file for a lift of stay or anything.

[FreshLikeADaisy]

Bobbi, as you are probably already aware, the automatic stay prevents any collection activity, including repossession, by the creditor *until* they get a lift of the stay granted. Usually they're pretty good about that, too, and you know for a fact that they've been notified so that minimizes the chances of a surprise repo even further.

Expect them to file for a lift of the stay fairly shortly (and get a PACER acct too, if you don't already have one; you don't have to wait for the mail to know when they file a motion to lift the stay). You didn't mention whether it was a lease or a loan, or whether you indicated your intent to reaff or surrender it, but in the end if you are not current during a Ch7 on a car loan you will have to surrender the vehicle. Same goes for houses. A secured loan has to be current in a Ch7 in order to reaffirm it.

If you are current, it may just be they want the car back because it has a high resale value. You may want to call them and ask them what their intentions are. Now that you've filed bk, it won't be the same kind of high pressured collection arrogance you may have experienced in the past.... and if it is, *click*. Nothing lost.

BTW, I am pro se too. Good luck!!!

[Bobbi]

Bobbi, as you are probably already aware, the automatic stay prevents any collection activity, including repossession, by the creditor *until* they get a lift of the stay granted. Usually they're pretty good about that, too, and you know for a fact that they've been notified so that minimizes the chances of a surprise repo even further.

Expect them to file for a lift of the stay fairly shortly (and get a PACER acct too, if you don't already have one; you don't have to wait for the mail to know when they file a motion to lift the stay). You didn't mention whether it was a lease or a loan, or whether you indicated your intent to reaff or surrender it, but in the end if you are not current during a Ch7 on a car loan you will have to surrender the vehicle. Same goes for houses. A secured loan has to be current in a Ch7 in order to reaffirm it.

If you are current, it may just be they want the car back because it has a high resale value. You may want to call them and ask them what their intentions are. Now that you've filed bk, it won't be the same kind of high pressured collection arrogance you may have experienced in the past.... and if it is, *click*. Nothing lost.

BTW, I am pro se too. Good luck!!!

i am going to sign up tonight for pacer. i don't have a credit card anymore.....so i have to wait in the mail. i am going to the court tomorrow to add additional paperwork to my case. can they tell me if a lift of stay has been filed?

i am behind, and i do plan to let the vehicle go. I cannot get another car until after the 341, even if i buy a hooptie for 2grand, so if they take the car, i have no means of transportation, i am pregnant and we have young children.

we are filing because of my medical bills last year, i was on chemo, and i owe a great deal, because we had a lapse in coverage.

the car is worth less than one half of what i owe, so even if they come get it, they are still out about 14grand.

i decided to go prose because i am good about the law, and understanding it, but i have also learned, that not all creditors follow the law, and look for a way to screw you no matter what a judge says.

I did get my fee waiver, signed by the judge today, so i dont have to attend a hearing for that that was a relief!

they gave me the senior judge in my district, i hope that isn't a bad thing.

[FreshLikeADaisy]

Bobbi, when you go to the courthouse, PACER/ECF is the same exact system the clerk uses to file your docs, so yes, he or she could easily tell you what has been entered. You can even get a photocopy there, but beware: courthouse copies are usually 50 cents a page. Better to wait and get your PACER access.

I think having the senior judge works in your favor, actually. This would be the same judge who is already tied up with any/all huge corporate Chapter 11 bankruptcies in your district, and would not be all that interested in your case to begin with, even if you have to see him (which is very unlikely). The person who will have a great deal more say in your bk than anyone else, even the judge, is the bankruptcy trustee.

Did you get the Nolo book? That helped me pro se more than any other single resource I had. This board was exceptionally helpful too, and looking at other local cases via PACER helped me a great deal as well. Here's the link if you haven't seen it yet:

http://www.nolo.com/product.cfm/ObjectID/F87C0B36-D2FB-4FE2-801B76AD0792C01A/catid/462A9501-9B21-4E09-A08C5A7B8AF51A79/213/161/

Good luck!!!!