Here's the situation:
Have a Toyota that we've made payments on for the last 3 years with 3 years to go - suffered a car insurance lapse for about 45 days and car payment ran just over one month late because our home was about to be foreclosed on and had to borrow some money to cut a cashiers check for 3k to resolve(yes, we've got many problems...sigh)
Well Mercantile Bank (the lender) has always worked with me when I run behind with my car payment, and I told the lady the month before that the next payment would be a little late because of the house situation - she said no prob.
So I call to make the 2 car payments to catch everything up this month and they say it's too late - the car's out for repo - I guess I defaulted when the insurance lapsed, even though the insurance is current now.
I offered to pay the 2 payments and whatever insurance and fees, but they're refusing payment - so I'm filing for Chapter 13 today because I HAVE to keep my car. If they sell it, I know I'll just wind up owing them 3 or 4 grand at least and still have no car.
I spoke with the repo guy when he showed up yesterday and he was actually pretty decent, giving me his cell and just told me to call him if I was going to play hide and seek with the car so he didn't waste a lot of his time - of course he also said he'd just get a writ of replevin and come back and get it with the police - but I don't know how long that takes, and I'm not waiting.
SO HERE'S the QUESTION:
if I file chapter 13, will I still be able to keep the car (while making payments of course) - even though the loan company states the reason for the default as lack of insurance? And does anyone know how long it actually takes to get a writ of replevin? I'm meeting with the attorney today but I'd just like to know what to expect...will the repo stop immediately, or should I watch my (car's) back for the next few days, or weeks?
Thanks
Have a Toyota that we've made payments on for the last 3 years with 3 years to go - suffered a car insurance lapse for about 45 days and car payment ran just over one month late because our home was about to be foreclosed on and had to borrow some money to cut a cashiers check for 3k to resolve(yes, we've got many problems...sigh)
Well Mercantile Bank (the lender) has always worked with me when I run behind with my car payment, and I told the lady the month before that the next payment would be a little late because of the house situation - she said no prob.
So I call to make the 2 car payments to catch everything up this month and they say it's too late - the car's out for repo - I guess I defaulted when the insurance lapsed, even though the insurance is current now.
I offered to pay the 2 payments and whatever insurance and fees, but they're refusing payment - so I'm filing for Chapter 13 today because I HAVE to keep my car. If they sell it, I know I'll just wind up owing them 3 or 4 grand at least and still have no car.
I spoke with the repo guy when he showed up yesterday and he was actually pretty decent, giving me his cell and just told me to call him if I was going to play hide and seek with the car so he didn't waste a lot of his time - of course he also said he'd just get a writ of replevin and come back and get it with the police - but I don't know how long that takes, and I'm not waiting.
SO HERE'S the QUESTION:
if I file chapter 13, will I still be able to keep the car (while making payments of course) - even though the loan company states the reason for the default as lack of insurance? And does anyone know how long it actually takes to get a writ of replevin? I'm meeting with the attorney today but I'd just like to know what to expect...will the repo stop immediately, or should I watch my (car's) back for the next few days, or weeks?
Thanks
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