Car repo before discharge

[reeltrouble]

So, we are < 1 week away from the 60 day mark. We called our auto lender prior to 341, and they told us would not repo before discharge was final, and that they would call us at least 3 times prior to showing up unannounced for it.

Well, not so much. We are probably 3-4 days from end of exemption period, have had 0 calls from them, and yet the repo man shows us at our house, asking the babysitter where the car is. We have received nothing from them other than regular monthly statements. the other car, which has already been taken, got a motion of relief, this lender has gotten none.

I know that if we dont pay, they can take it, but in a BK, should we have been notified 1st?


thanks...

[aces67]

They have to file a motion for relief of the automatic stay otherwise they are in violation.

[music12]

aces is right. they have to either get relief from automatic stay or wait for your case to close.

Edit: some people say on this forum that they only have to wait for discharge, not closing. i personally don't know which is right.

[reeltrouble]

thanks to both of you, but we have had neither discharge or closing. We called, again, and they told us they got a closing package on 7/20. I don't know why they got that, or what it means, since 7/29 or 7/30 is 60 days from 341, and pacer does not show discharge yet. I notified our atty, we'll see. I'm not expecting anything, but thought I would share

[music12]

a "closing package"? what on earth is that?

[reeltrouble]

lol.. I have no idea

[liz417]

a "closing package"? what on earth is that?

LOL!!! Yeah, they must be the ONLY creditor that receives a "closing package" before the actual discharge date!!! Sounds like someone SCREWED UP!! Good Luck on getting the car and/or $$ back This is obviously a violation of the automatic stay...

[reeltrouble]

yeah.. our thoughts too, but whatever. It would only have been a week or two anyways, more of an inconvenience at this point. I notified our atty, just so they can pursue it if they want to, but we knew would need a new car soon anyways. Looks like a carpool to work is in my future for the next week or two. Hopefully that means we get our discharge as hoped in the next few days!

[liz417]

yeah.. our thoughts too, but whatever. It would only have been a week or two anyways, more of an inconvenience at this point. I notified our atty, just so they can pursue it if they want to, but we knew would need a new car soon anyways. Looks like a carpool to work is in my future for the next week or two. Hopefully that means we get our discharge as hoped in the next few days!

Hopefully your attorney files something against this loan company for the violation...you could has some extra $$ for a down payment on a replacement car

[willbfree]

Reeltrouble you do need to pursue it with your attorney. Educate yourself by reading the other thread on this forum about the repo incident and the emergency court hearing. Yours should follow right along those lines with your attorney asking for the local bk court to fine them for violating the automatic stay and providing you with a cash award for damages. It will provide you with some extra money to help put a down payment on your next vehicle. Go get em!

[willbfree]

Deadulus is the poster. There are two threads they started.

http://www.bkforum.com/showthread.php?t=41392

http://www.bkforum.com/showthread.php?t=42432&highlight=repo

This person did a terrific job of following through on the same situation.