We are coming up on the second missed payment. I haven't filed yet and hope to be by the next 10-14 days. I am sending in all my final paper work, just waiting on the lawyers end to file us. If I'm right they can't repo it once we are filed? I'm just hoping to get filed before they come. Thoughts?
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I missed two payments before I filed
I missed two payments before I filed and I wasn't repo'd until after I was discharged.
They called me a couple days after discharge and told me they would be around to pick it up.
If memory serves me, they can pick it up after you file, after a certain amount of time, but they have to file something with the courts before they can do that. My Credit Union just waited until after I was discharged.02-12-2009, Filed Chapter 7, Pro Se
03-24-2009, 341
05-28-2009, Discharged!
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Originally posted by debtsucks View PostI am just hoping they don't come before we file. It will be two payments late coming this Tuesday. This is so nerve wrecking.Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010
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Originally posted by debtsucks View PostWhen they call me should I try to stall them, since we aren't filed yet? We were financed through Wachovia, but they just got bought out by Wells Fargo.Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010
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Repo's typically dont start until 60-75 days past due. That means you would have to have missed the 3rd payment. Once the BK is filed they cannot touch the car until there is a lift of stay. This occurs either via a motion to lift the stay, 45 days from the 341 (not complying with the SOI), or until discharge (no asset report filed).Last edited by Brazzy; 05-16-2010, 06:37 PM.
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Once you file and they get notice that you intend to surrender your vehicle they have 45 days (I think its 45) from the time that they recieve your letter of intent to surrender. On the 46th day they can repo...they do not need to lift the stay. This happened to me, my lawyer forgot to mention it. It WAS repo'd before the discharge.Filed Ch7 12/11/09 | 341: 1/20/10 | Discharge: 3/23/10
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