Can a car be repo'd before the discharge?

[jeff6898]

Filed Chapter 7 2/2/12 341 3/14/12

I have a car through a buy here pay here lot. I owe over $3,000 and it has over 200,000 miles and needs many repairs. I did not reafffirm the car. My question is my payment was due on 4/30 and the guy from the lot is calling me daily telling me to pay or he will come reposses the car. Can he do this now? I thought I was protected still form the automatic stay. I was going to make the payment next Friday. I know it's late.

I was also thinking about getting a better vehicle once I am disharged and give this one back. That is if I can hold him off from repposseing the vehicle befor hand. Any suggetions?

He said being a buy here pay here lot he does not have to follow the bk rules.

[NoMoreCards]

BK rules must be followed by all your debt collectors, even your brother (if you owed him). That does not mean he won't repo the car anyhow and you'd have to fight to get the car back. Personally, if I was you...I'd have my attorney give him a call. What may also come into play however is how the car is titled and who the registered owner is. I have heard of places like this keeping the cars in their names, until paid off. If that were true, then legally they own the car and do not just have a secured interest. If they legally own the car, I would suspect they could take what they own.

Give your attorney a call and see what they advise. Each state has their own laws.

[SMinGA2]

Ask your attorney - but I believe the automatic stay on secured property is only good for 30-45 days after the 341. That was a change in the 2005 bankruptcy laws, to give secured creditors easier access to their property.