Important Question Please help me out

[helpinflorid]

We filed Chapter 13, converted to chapter 7 have our first 341 meeting on Dec 17. We told our lawyer we want to try and keep our home, and our vehicle. Well woke up this morning and my SUV was repo'd. All my little ones stuff is inside, his carseat, stroller, and my kids backpacks for school. Did they have the right to repo it that soon? We arent even a month behind after converting yet.

[despritfreya]

The only way the creditor could have properly repoed is if it got the stay lifted. Did it file a Motion for Releif From the Automatic Stay either during the course of the 13 or since conversion? If you are not sure this is what you should be asking your attny.

As to the personal possessions - you have the right to get them back.

Des.

[daylate]

Doesn't seem like they should be able to-hopefully you are working with an attorney-get him/her out of bed and ask them-good luck

[helpinflorid]

Yes my husband is calling them when they get in the office at 930. No we had no notice of a motion to lift the stay. We havent even heard from the creditor, until we woke up my husband called the sheriffs office and they said they had a notice that is was repo'd last night.

[ccsjoe]

Couplequestions. Were you late on the payments, and was the vehicle AND loan listed on the petition? If yes, then they would have had to file a Motion for Relief of Stay which your attorney would have been notified of.

[tobee43]

i'm so sorry for what happened to you!! i can't believe they at least did not knock on the door and let you take out your personal baby items.

the stay had to have been lifted...however, i do not understand why you were not notified....let us know what happens after your husband reaches them.

i see your in florida...i am too and there certainly is some strange happenings here...it's awful!

[helpinflorid]

Ok husband contacted the loan company for the truck, they misread the paperwork thought we were dismissed, didnt know we had refiled. So my husband is waiting to hear back on when we can pick the truck back up today.

[daylate]

Congrats helpinflorid...sounds like you got the good side for a change

and tobee-I think repo guys just do it as easy as they can and deal with the other stuff afterwards-strictly based on watching too many weird tv shows...LOL

[biotechsolution]

If I were you, I'd say that I had to rent a car for the weekend and make them pay for the rental charges.

[tobee43]

Ok husband contacted the loan company for the truck, they misread the paperwork thought we were dismissed, didnt know we had refiled. So my husband is waiting to hear back on when we can pick the truck back up today.

OUTSTANDING!!!!!! i'm so glad to hear that!!! what a relief...i was so upset when i read you post with your baby seat in there and everything...

let us know how it goes!!

[tobee43]

Congrats helpinflorid...sounds like you got the good side for a change

and tobee-I think repo guys just do it as easy as they can and deal with the other stuff afterwards-strictly based on watching too many weird tv shows...LOL

ahhhhh...you mean they aren't polite!! LOL!!! guess not....i never saw one of those shows, but i saw commerials about them....scary stuff to me.

i'm just so glad that helpinflor seems to have a handle on it now!!!

[helpinflorid]

Ok we got our SUV back thankfully they were nice guys, our loan company on the other hand says they misread the papers, were it said chapter 13 was dismissed, they didnt read further to where it said Converted to Chapter 7. So now they have to pay these repo guys and still had to give us back our truck. Thanks tobee I know that was the part that upset me was that they had my lil ones carseat and stroller. But thankfully it worked in our favor this time.

[diesillady]

Question what was the value vs your equity position in this truck? It seem you must have had some equity for them to repo so fast.

[tobee43]

Ok we got our SUV back thankfully they were nice guys, our loan company on the other hand says they misread the papers, were it said chapter 13 was dismissed, they didnt read further to where it said Converted to Chapter 7. So now they have to pay these repo guys and still had to give us back our truck. Thanks tobee I know that was the part that upset me was that they had my lil ones carseat and stroller. But thankfully it worked in our favor this time.

i'm so happy to hear that!!! and, yes, i was so upset about taking the kids items with the car...and while i understand they are doing "their" job...have a HEART!!

ahhhhhhh....see there really IS a THANKGIVING fairy!! LOL!!!!!!

[Pandora]

Glad it all worked out for you helpinflorid