Repossession - Can I get it back

[vaslimkat27]

I filed chapter seven bankruptcy and did not sign the reaffirmation agreement. This month I was a few weeks late making my payment but I called the finance company and informed them when it would be mailed and they said okay. Well after I made the payment they repossessed the car. My next payment is not due for another week. Legally do they have to release the car to me since they got the payment?

[vaslimkat27]

Repossessed Auto

I was late on my payment and did not sign the reaffirmation agreement. Although the payment was made. The car was repossessed just 14 days after my continued creditors meeting. I thought under the bankrupcty law the creditor must wait 30 days from the date of my last creditors meeting to repossess my auto. Is this legal?

[StartingOver08]

They are not allowed to repossess your auto during the automatic stay period UNLESS they have an order granting them Relief from Stay signed by the judge.

Contact your attorney immediately.

[HHM]

Has your BK been discharged?

If the BK has been discharged, they have every right to repo your car as soon as you miss a payment. So long as they did not breach any part of the underlying contract or state law rules with regard to repo (i.e. like grace period, or mandatory waiting period etc).

If your BK is not discharged, then they cannot repo your car unless they have an order from the BK court (and you would know if they did because the lender would have filed a Motion to Lift the Automatic Stay). If your BK is not discharged, you can get the car back, but you really need to ask youself if that is a good idea...if you could not even make the payments during the BK, how likely are you to be able to do so in the future.