I am going to include my car in my chapter 7. I plan on filing in mid july, I made my last payment on june 9 when it was due, my next payment is July 9, should I not make that payment? Also once filed how long till the bank comes and gets the car? Do they have to wait till the end of the BK processes?
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Stop paying all debt you wish to discharge.
Nobody can tell how soon a lender will repo but, you are protected by the automatic stay once you file. They'll need to file for relief from stay before the can repo while your bk is pending. -
Once you're filed, the automatic stay protects the car. Until then, not making payments = risking repo. If your certain you're filing in July, you're probably fine. I doubt they'll come get the car when you're only a couple of weeks behind. If your status changes and you have to postpone filing for a few months, I'd make a payment. I don't think I'd let the loan go more than a month or so behind unless I was successfully filed.filed chapter 7 BK 4/27/09
341 meeting 6/4/09
DISCHARGED!!! 8/5/09Comment
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protects
So they can't come and get the car till the bankruptcy is discharged if I file before they get it?Comment
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Originally posted by eli4625 View Post
No, read my post again. If they file for relief from stay and it's granted {and it will be}, they can repo it even if you aren't discharged.Comment
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Rfs?
Okay so once they are served notice of my Bk they file this stay, do I get a copy of this? Is this done before the hearings?Comment
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