Automatic Stay and Auto Repo

[BkinTX]

Forgive me if this is too similar to other questions that have been asked. I didn't see exactly what I was looking for on the search.

Does the automatic stay provide protection from repossession of vehicles? We will not be paying on our vehicle and it is NOT included in the bk but we do intend to surrender it (as per our attorney).

Are we looking at having this vehicle for a few more months?

[StartingOver08]

..
Does the automatic stay provide protection from repossession of vehicles? We will not be paying on our vehicle and it is NOT included in the bk but we do intend to surrender it (as per our attorney).
Are we looking at having this vehicle for a few more months?

Your vehicle must be included in your BK. All debt (liabilities) and assets are included in the BK.

Also included is the proposed disposition of your vehicle - in this case, you are surrendering the vehicle in the BK.

Once you have filed BK, the automatic stay will protect the vehicle UNLESS the vehicle lender lifts the stay. Your vehicle can not be repo'ed if the automatic stay is in place. It can be repo'ed if you are behind in your payments and have not filed BK yet.

[BkinTX]

Oops I guess I worded that wrong (the concept is still kind of confusing to me). I'm glad you knew what I meant.

So, unless USAA lifts the stay -- and they have to go through the court to do that, right? -- we are ok for now.

[kenshirley]

Yes they do have to take it to court.

[TEW]

Oops I guess I worded that wrong (the concept is still kind of confusing to me). I'm glad you knew what I meant.

So, unless USAA lifts the stay -- and they have to go through the court to do that, right? -- we are ok for now.

It doesn't take much to file a motion for relief of stay. Are you trying to buy time with he car?

[okiebk09]

It is not the lender that lifts the stay it is the Judge. The lender has to file a motion for relief of automatic stay and the Judge has to grant the relief before they can come and get the car.

[okiebk09]

You are ok as long as you have filed. If you are behind right now they can come get the car if you have not filed. If you have filed and you are behind you are fine because of the automatic stay. If you are behind and do not file for anohter month for example they can come and get the car anytime.

[BkinTX]

We are current. We filed on the 27th. We'll miss our upcoming payment.

I guess my concern is a) car seats -- don't want them scooped up with the vehicle and b) giving us time to make alternate vehicle arrangements.

We are a family of 6, so we only fit in certain vehicles.

[okiebk09]

Nothing to worry about then until you get notice from the courts that the Judge has lifted the stay. have they even filed for relief yet?

[jessegirl]

My bank violated the automatic stay and came the day after Christmas. I came out and said we have a stay and they said that they had permission to take the boat. They handed me a paper and it said permission to take boat. We low and behold they didn't have it lifted and just came and took it. We now they are being investigated by the UST.....I was going to give it up anyways, but they violated the stay and when I told the UST that they took it, he was pissed. So by law they are not suppose to come and take it, but in my case they did it anyways. Just wanted to let you know that some of the creditors will go to any length to get there items back.