repo car during ch7

[wissam84]

Hello

i filed for bk ch7 included my auto loan with Nissan on altima . the loan has negative equity from trade . the value of the car is 22000 . but the balance is 30000$
one week after filing Nissan closed my loan acount with 0 balance indicating was include in bk
was told by nissan to keep paying and will keep the car but no mor reporting of payments.
i decided to do not pay any more and get another car after my creditors meeting in april 7 .
even if i got a loan for same car with 16% apr i will be paying less what i am paying now on my car(500$).
i know i am protected by Automatic stay so nissan can not take my car before asking the court for permission .
i am now 45 days late on this loan .
i am sure nissan will ask the court soon but my question is:
will i be notifing by the court about nissan trying to pick up my car so i can get ready ince it is the only car i have for me and my family?
or they would not ?

i appreciate any advice and answer
Regards

[despritfreya]

i know i am protected by Automatic stay so nissan can not take my car before asking the court for permission i am now 45 days late on this loan . i am sure nissan will ask the court soon but my question is: will i be notifing by the court about nissan trying to pick up my car so i can get ready ince it is the only car i have for me and my family? or they would not

Unfortunately your understanding of the law is not correct. If you failed to reaffirm within 30 days of that 341 the protection of the automatic stay lifted by operation of law. Lender does not need to ask the court for anything. See 11 USC 362(h)(1)(A) and 11 USC 521(a)(2) as well as 11 USC 521(a)(6).

When the vehicle will be repoed is anyone's guess but I would recommend that you do not leave personal items in it.

Des.