Chapter 7 and repo man?

[Wilson]

Hi-
Quick question about our car. We are about 3 payments behind and filed for Chapter 7 last week with the intent to surrender our car. Our 341 meeting is scheduled for May14th. I am terrified of the repo man coming to get the car because we are totally dependent on that car until after all discharges.

Will they still send a repo man if we plan to surrender the car in May? Maybe I should call the lender...but what should I tell them?

Thank you!

[HHM]

Do you have an attorney? I suspect not (or you don't have a good one).

Generally, if your intent is to surrender the car, the lender will file a motion to lift stay (meaning, a request to come get the car) BEFORE the BK discharges.

[Wilson]

We do have an attorney and I have left him a message, but it usually takes him a few days to get back to me. Frustrating. Thank you for your response.

[jessegirl]

HHM is right. I wouldn't wait a few days for the attorney to call you back. You paid him in full right? Then he works for you and demand that he calls you back right away. Does he have a paralegal that could possible answer this question? I am sick of atttorneys getting the money and then have the attitude like when I get to them I get to them....

[HHM]

Well, in this case, there isn't much for the attorney to do. If the debtor really needed to keep the car until after discharge, he probably should have told his attorney (maybe he did, maybe he didn't), but ultimately, the debtors circumstances are what they are and the attorney cannot change it. Short of bringing payments current, there is no way for this debtor to stop the inevitable, i.e. repo.

Basically, there is only 1 option, a 722 redemption loan, but if the debtor otherwise wants to surrender the car, a redemption loan does not make sense. Maybe in this persons district the car lenders don't bother with the lift stay and wait until after discahrge.

[jessegirl]

I do not trust any of these creditors. My fiances company came and repoed my vehicle without ever get a lift. They gave me a paper that said that had permission, but it was there paperwork that they made up. Needless, to say that took the vehicle and I was not aware that they didn't have a lift. In the end, it really didn't matter cause I didn't want it anyway, But, they do some shady things.