Repo during stay.

[antrob]

I'm just curious about something that happened during my bankruptcy. I originally filed on 5/21/2010 and had my 341 scheduled for 6/24/2010. I had a car that I was not going to re affirm and 2 weeks before my 341, I called the finance company and told them I was going to give up the car. That night they sent someone and picked up the car.

My bankruptcy is already discharged and closed as of last month, but i'm just curious is what they did was legal. After going through some of these threads I seen that finance companies are not suppose to repo until after the 341.

I got a letter in the mail from the DMV telling me the car registration was suspended because of lack of insurance, so obviously the car wasn't taken out of my name yet. I am going to take care of that Monday.

I wondering though if the Fiance company realized they messed up and there holding on to the car or something.

Any thoughts would be appreciated.

[AngelinaCatHub]

I'm just curious about something that happened during my bankruptcy. I originally filed on 5/21/2010 and had my 341 scheduled for 6/24/2010. I had a car that I was not going to re affirm and 2 weeks before my 341, I called the finance company and told them I was going to give up the car. That night they sent someone and picked up the car.

My bankruptcy is already discharged and closed as of last month, but i'm just curious is what they did was legal. After going through some of these threads I seen that finance companies are not suppose to repo until after the 341.

I got a letter in the mail from the DMV telling me the car registration was suspended because of lack of insurance, so obviously the car wasn't taken out of my name yet. I am going to take care of that Monday.

I wondering though if the Fiance company realized they messed up and there holding on to the car or something.

Any thoughts would be appreciated.

They have broken the law. Plain, simple. Did you by chance supply them with your docket number? Where you in arrears and how far? They must ask for a lift of the stay to get your car during bk unless you previously asked them to pick it up. They stole the car as it is still yours legally, until the Title is changed. They only hold a lien upon it through the mortgage and until you are sued, or willfully gift over, they committed a theft. Check all that really small print on any paper work you signed. I think you could sue them for the car. It is worth a try.

Others will most certainly chime in. 'Hub

[AngelinaCatHub]

A great link on your question:

http://www.discreetbk.com/freezing-foreclosure-and-auto-repo-with-the-automatic-stay-2/

'Hub

[antrob]

Thanks for the quick response Hub. To answer your question, no I did not supply them a docket number, I assumed they already knew about the BK because all of the calls stopped.

You said that the car was mine until the title changes or till I willfully gave it over. Well I did call them and tell them that I wasn't going to re affirm the car and I did give turn the keys when the repo man came that night. Where they allowed to repo it that night because I told them I wasn't going to re affirm? I didn't tell them they could come. Does that change anything or were they still not allowed to take the car because it fell under the stay of the BK.

A little more details about my case. I owed about 5000 left on the car, and my payments were 278 a month and I was 2 months behind when I filed for BK. Thanks.

[AngelinaCatHub]

Thanks for the quick response Hub. To answer your question, no I did not supply them a docket number, I assumed they already knew about the BK because all of the calls stopped.

You said that the car was mine until the title changes or till I willfully gave it over. Well I did call them and tell them that I wasn't going to re affirm the car and I did give turn the keys when the repo man came that night. Where they allowed to repo it that night because I told them I wasn't going to re affirm? I didn't tell them they could come. Does that change anything or were they still not allowed to take the car because it fell under the stay of the BK.

A little more details about my case. I owed about 5000 left on the car, and my payments were 278 a month and I was 2 months behind when I filed for BK. Thanks.

Well, yes on your questions. You gave the keys over, an implied permission. Two months is not enough time to sue usually, but you told them your intent. They then had a legal assumption that you meant what you said.

What was the value? The payment was not too bad. Buy a junker now and get one better when you can afford it. Take your deduction or if allowed divert it to another thing. (not sure on this). 'Hub

[antrob]

Thanks Hub you been great. I figured that was the answer, I'm just curious why they haven't took the car out of my name yet.

The value of the car was about what I owed but I didn't want a car note and didn't need the car. I already have a 05 Grand Prix and a 94 Explorer in my girlfriend name (we live together, not married) and their both paid off. Thanks again.

[AngelinaCatHub]

Thanks Hub you been great. I figured that was the answer, I'm just curious why they haven't took the car out of my name yet.

The value of the car was about what I owed but I didn't want a car note and didn't need the car. I already have a 05 Grand Prix and a 94 Explorer in my girlfriend name (we live together, not married) and their both paid off. Thanks again.

Well you have a sister thread. Check this out and if any doubt read the links within that I and TCR put up. http://www.bkforum.com/showthread.ph...d-After-Filing

'Hub