What the??? Called the repo company today...

[needhelphere]

They have been coming to our house to pick up our BMW for about 2 weeks now but have not been unsuccessful. We filed yesterday and my lawyer's office left the repo company a message with the case number but they have not responded back to my lawyer's office yet. So I called the repo person's cell and she said because BMW filed an order to repo the car before we filed for BK they can still come and get the car. Is that true???

I emailed the lawyer's office but am freaked out. I was going to go get the BMW and park it in my drive way later today but now I'm second guessing it!

[destitute]

The automatic stay is in place. They are not allowed to repo the car just because BMW contracted with them before you filed. You may want to call BMW's bankruptcy department, give them your case number and advise them nicely that it's in their best interest to call off the dogs.

[coffee]

They cant touch the BMW. They need a relief of stay and they need to file it in the court. That can take weeks. Hide the BMW until the lawyer contacts them and gets this straitened out.

[loveends1981]

Yes, they cannot take your car. Put it in a garage if possible, or somewhere where they cant find it.

[aces67]

No that's not true. Keep it where they can't find it. The automatic stay is in place and it does apply to them.

[kenshirley]

You are calling the wrong people!
Call the lending company right now!
They are the only ones that can cancel that repo.
My dad used to be a dealer and I know the business very well.
That repo agent gets paid to get the car. If he doesn't, he does not get paid.
And knowing that you filed and he has no notice from the lender he will be even more intent on getting your car.
The agent has what is termed a letter of hold harmless. That lender told him to get the car and he will. If it's wrong the repo agent will still get his fees and storage as required by law before anyone gets the car.
In this case you are getting bad advice from the forum as that repo agent was not and will not be notified by anyone except the lender! Take my word for it!



Call your lender and do it now!!!

PS, your attorney is an idiot in my opinion! He should know better too.

[needhelphere]

So I was about to dial BMW and they happen to be calling me right at that moment. I picked up the phone and said funny that you called b/c I was about to call to give our BK case number. They took the info and said they will forward it to their BK department. I told them that they should asap b/c I talked to the repo company this morning and was told they will repo the car anyways and BMW said they cannot do that and as a matter of fact the repo company sent an email to BMW this morning to close our case b/c we filed BK. She said that was the reason they were calling me... So I guess we are okay for now but I think I'll hide the BMW a little longer anyways. I still haven't heard back from the lawyer's office but feel so much better now. THANK YOU ALL for your advice!!!

[whipster1]

Ken they cannot legally repo after filing, they are an agent of the bank at this point. The advice on the forum is fine.

[kenshirley]

No, I am not. I will say this one more time.
In recent filings the lender may not even know so how can they cancel the repo contract? And the repo agent is most likely not part of your credit matrix now are they??? Think about it.
I spend nearly 35 years in and around the business with my father until he died.
I know better.
You will get the car back when things are all straighted out, but why do through all that crap when you don't have to.