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    #1

    Regarding Automatic Stay

    I filed BK Nov. 26th. I stopped my car payment 11 days before hand. (Was due the 15th). Today 12/17 we received a call from the car company and told them that we filed BK....the "rude" lady said well you are 32 days past due and we will get the car before can file...and hung up.
    If they come and get it doesnt that violate the 45 day automatic stay w/out getting it lifted from the court? She claimed she didnt know that we did and that the lawyer never contacted them....

    Please give me some advice...

    Thank you
    Tags: None
    #2
    Don't mind that lady. She obviously doesn't know how the whole Automatic Stay and Bankruptcy works.

    No, they can't take it. Even if they did, they'd have to give it right back and be subject to sanctions and rebuke.

    Silly creditors.

    (Also, if they call again about this, you should tell your lawyer again -- you should have told him already about this incident -- so that they can be punished.)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment

      #3
      JustBroke is right. Just to add a little - for some reason either the collections people are not properly trained on BK - or they just try to scare you into making a payment post filing.

      I had a couple that said they were not subject to the federal BK laws! So your best defense is knowledge.

      Send the notice, if it is in writing, to your attorney so they can respond right away. Otherwise, if it is a call - notify the attorney too. My attorney sent out the semi-nice letter if it was a first violation after the filing - and then a not at all nice letter if there was a second violation (and there were a couple).

      If you do not do anything about the threats - the creditors get bold because they think they can push you around.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009
      I am not an attorney. None of my advice is legal advice in any way..

      Comment

        #4
        thanks

        I'm so glad legally they cant take it yet. I dont have another one just yet so I'm kinda dependant on this one for a while longer.

        Comment

          #5
          You'll notice that many creditors have "bankruptcy" departments and I found that kind of weird at first. The whole reason they have these departments is to make sure they have specially trained employees that know how not to be idiots.

          You need to be careful because they COULD come and get the car if nobody at the car company has a clue. In the end, it'll probably get straightened out but you'll still have the stress and inconvenience of dealing with the mess.

          I had TWO vehicles repossessed during the automatic stay and I was the only one in the whole system who was expecting the automatic stay to be lifted. Neither bank or even my attorney wanted to bother with lifting the stay. I let them get repossessed because it was going to happen sooner or later but I couldn't believe how nobody seemed interested in following or enforcing the rules.

          You should get a copy of the mailing matrix the court used to send out your notice of bankruptcy to be sure these idiots were properly notified.
          Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

          Comment

            #6
            Just a quick question...only working vehicle we have is a 08 Durango..worth 10k we owe 28k on it. We are current until January 9th. We are retaining lawyer on Dec 29th and trying to file by February 1st.

            We are not going to re-affirm or 722 the vehicle. But it is our only vehicle and all our extra money is going to the lawyer. We cannot file until we pay him completely.

            We are not going to make the Jan 9th payment. It is with Chrysler Financial. How long do you think, in your opinion we have until it gets repo'd? I don't know what to do because we don't have any money saved for a vehicle. Should we go out and try to buy one right now..like one for 5k or so and try to finance it?

            Thanks

            Comment

              #7
              Getting into another, more affordable vehicle before filing is a good option. Just be prepared to state that you're intentions are to reaffirm this loan.

              You could always hold out for as long as possible, but this can be risky because if the vehicle is repo'd before your discharge, you're stuck without a vehicle. It's difficult to obtain an auto loan while your BK is active.
              Bankruptcy History:
              Chapter 7 filed - 10/12/2005 - Asset
              Discharged - 02/16/2006
              Case Closed - 11/08/2007

              A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

              All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

              Comment

                #8
                calling again

                The car company has called twice again today after we told them yesterday we filed BK. I have a call into my lawyers office but since there is so much snow on the ground I dont know if they are in today.
                How frustrating....

                Comment

                  #9
                  Originally posted by mindyandy420 View Post
                  The car company has called twice again today after we told them yesterday we filed BK. I have a call into my lawyers office but since there is so much snow on the ground I dont know if they are in today.
                  How frustrating....
                  I stopped paying three months before I filed on the most expensive vehicle and the month before filing on a second one. At night I made sure the vehicles were hidden or blocked in by non-collateral.

                  For a few weeks after I filed, I carried around a copy of the bankruptcy notice and also covered the VIN number with the writing side up while it was parked at work.

                  I don't know how much of that was necessary but it seemed like a good idea at the time. There's nothing stopping them from "accidentally" repossessing a vehicle.
                  Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

                  Comment

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