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? about auto repo - filing in about 2 weeks

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    ? about auto repo - filing in about 2 weeks

    Hi, I've been lurking here for a while - what a great resource!

    I've retained an attorney and will file for Ch7 in about 2 weeks or so. I've seen several posts mentioning the disadvantage of having an auto repo'd prior to the filing.

    I have two vehicles with HSBC, both of which I will surrender. One is 39 days past due (last payment on 2/18) and the other is 26 days past due (last payment on 4/20).

    I've been talking to the lender regularly since I fell behind, explaining I was unemployed, asking for patience, etc., but I've avoided them for the last 7 days now that I have decided to go for BK.

    Here are my questions - I would appreciate any insight:

    1. At what point would they typically take back the vehicles? FYI, I live in a remote area 100 mi. from Las Vegas, so it's going to require extra effort to come get them.

    2. Does one or two repos before my BK filing really have that much negative impact? My credit is already pretty trashed right now (30 - 60 days late on multiple accounts).

    Thanks!
    -Tony

    #2
    Can't answer the 2nd question but, were I you I'd get my transporation needs settled prior to filing.

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      #3
      Likely nothing will happen with the vehicles until after your discharge....unless something happens in the next 2 weeks before you file. When you file, the automatic stay placed on your possessions will protect the cars from being taken. If they take them during the automatic stay, they're in violation of that stay unless they've been to court to have the automatic stay lifted and you'd be aware of that.
      filed chapter 7 BK 4/27/09
      341 meeting 6/4/09
      DISCHARGED!!! 8/5/09

      Comment

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