After 341 - Repo?

[bkfl2005]

I have filed chapter 7 under the old laws and have my 341 early December.

Does anyone know if a creditor can reposess an auto after the 341 if payments are not current or is the automatic stay in place until discharge?I will be using 722 Redemption to redeem my vehicle but my attorney has not filed the motion for redemtion and claims that we have until mid January. My concern is that the creditor may attempt to repo after the 341.

Please share your comments.

Thanks!

[bkfiler]

my best guess is its illegal. period. call the tow yard and the owner and explain that you are in a bk, fax them the cover page and if that doesnt do it tell them its a quick phone call to the trustee and their arse is grass and aso a quick filing for stay abuse at the court and you will have a tidy wad of cash to help pay for the car on their own dime

[AAAArt]

It is illegal for them to repo during the "automatic stay" unless they first file a motion to have the stay lifted. You would get a copy of that motiona and time to respond.
You should be able to keep the vehicle until the stay is lifted or after the 341 whichever comes first.
That is what "should" happen. On some occassions, they have repo'd w/out permission. In fact, it happened to someone on this list recently and they just phoned their atty. w/he info and the car was back w/in a day or two.
Good luck, Art

[bkfiler]

i think they called the trustee if i remeber right. i would. heck id call the US Trustee and tell him to get moving since i'm paying his salary

[bkfl2005]

Thanks for the replies but I guess my question was more geared towards. Could they? I am 100% positive that they cannot unless they file a motion and there is a hearing.

But - What happens after the 341? Is that when the automatic stay is lifted? I guess I am wondering how long I am protected by the automatic stay. At what point could they decide to repo if that is what they wanted to do.

Thanks!

[bkfiler]

"Could they?"

if that is all you are asking then the answer is yes.

do they? yes.

have they? yes

will they? yes they can.

whats the chance? who knows. lock up your car in the garage.

anything can happen and does happen. but you already knew that.

[bkfl2005]

Wow... I wasn't trying to offend anyone or act self sufficient. Not sure why I got such a reply. I was trying to clarify my question.

Please reply if you can assist me. It would be greatly appreciated

[Mysocalledlyf]

Thanks for the replies but I guess my question was more geared towards. Could they? I am 100% positive that they cannot unless they file a motion and there is a hearing.

But - What happens after the 341? Is that when the automatic stay is lifted? I guess I am wondering how long I am protected by the automatic stay. At what point could they decide to repo if that is what they wanted to do.

Thanks!

YIkes!! Same thing happened to me, I was behind on my payments, like 3 months..didn't know what to do, where I was going to get another vehicle, or try to catch up on the one I have...2 weeks prior to my 341, my financer filed for a motion for relief from stay..boy, was I about to faint when I read that letter! Like you I was hoping until after the discharge atleast, but no, it didnt work that way. 1 week after I was on my 3rd missed payment, they sought for a relief. The court date kind of saved me, b/c it was scheduled for a month later, so I had time to decide what to do. After looking at dead car loans, etc, I decided on redemption a week before the financers hearing with the judge to get the car. I had to file MY 722 motion ASAP. I was on my lawyer like glue for the next couple of days. B/C if the courts didnt get my motion, they would grant the financer's, their motion. My lawyer filed all the paperwork the DAY BEFORE the hearing...kind of made me sweat a lot! But the courts got and they rescheduled the financer's hearing until they can agree on a price for me to redeem my vehicle.

*dont worry about that other post..everyone is in their own unique situation, and that's what this board is for, for everyone to ask their own questions..I think he's just upset that he can't handle his own problem and wants to make you feel bad about yours...DON'T!! just stay positive!*

[Mysocalledlyf]

OH yeah, you're protected from an automatic stay to a certain extent, basically the entire life of the BK up until the point of discharge. HOWEVER, if it behooves them to take hold of the property...in other words if you're vehicle is worth anything, and you're behind on the payments look for a hearing sought by your financer, ...If I were you, I would just go ahead with the redemption, and get it started b/c it takes atleast a couple of weeks after you file for it to take effect..ie, they have to give time for the creditor to object and on...so it's another waiting game. Just do it and you wont have to worry about it.

Also, to sum up your original question..I think the way they decide to seek a relief from stay is if you default on the loan. Like a given situation before you filed, the amount of time that can lasped before they would send the repo out to your house. For my agreement, they let you slide with 2 months, then they will repo if you dont get caught up. So if you're hitting that mark, then I think they will seek a relief from stay, which you will be notified of.

[tracy1878]

it was me that had my car repo'd illegally... one call to the trustee and he had it back to my house within about 2 hours or so, not sure of how long it was exactly, cause they never knocked on the door or anything

is it possible for me to file an abuse of stay as mentioned above? we filed pro se

[bkfl2005]

Thanks for the replies. This definately makes a lot more sense now.
Thanks to all of you.

[mikebnbpt]

I'm in the same position now. Just had my 341 yesterday ( 5 min. and painless ! ), and I decided not to reaffirm my car. Coming up on my third missed payment. I'd rather surrender the car on my own terms, not have it taken in the middle of the night. I have a work vehicle I am taking for my own personal use. I also want to include the car in my bk now. Either way, the car is gone.

[AAAArt]

I'm in the same position now. I'd rather surrender the car on my own terms, not have it taken in the middle of the night.

I'd suggest that, in that case, you call them and decide on a dealer to take it to or an appt.for them to pick it up. Personally, I'd just ask for the latter, rather than show up at a dealer who might not have received notice (or perhaps only one person did) and have to tell my story to every salesman and manager until they tracked down the right one. Art

[bkfiler]

bkfl2005, you didnt offend or bother me at all. my reply was trying to cover all the bases so you could get your questions answered. it was to help you, even though i already figured you knew some of the answers but wasnt sure.

as for Mysocalledlyf, you are way off base. you wont get and dont deserve a repsonse for thinking that funky story up. good luck

[quest42]

file with the clerk a statement of his intention with respect to the retention or surrender of such property and, if applicable, specifying that such property is claimed as exempt, that the debtor intends to redeem such property, or that the debtor intends to reaffirm debts secured by such property;

(B) within forty-five days after the filing of a notice of intent under this section, or within such additional time as the court, for cause, within such forty-five day period fixes, the debtor shall perform his intention with respect to such property, as specified by subparagraph (A) of this paragraph; and

So, it looks like you have 45 days after filing your Statement of Intent... Meanwhile, they will have to file for a relief from stay... and that usually takes 20 days...