How much time do I have? When Can I expect car Repo?

[DebtZombie]

Filed Oct 12, chapter 7

341 meeting set Nov 8th

Santandar has my car loan.

This month Oct 17th payment was the first one I missed. Going to give them the car.

Car registration expires Oct 31st.Car registration will cost me about $300.

Would make me life easier to have this second car for usage.

How much time do I have? When Can I expect Repo?

Looking for new car loan, need help on when to start looking? Before Discharge/After? When they take car?

PLEASE HELP if you can!

[keepinitreal]

I think you can expect a repo about 60 days after your 341, the first week in December. To repo it earlier, the lender would have to request a "relief from stay" which would cost them some money.

If you really HAVE to have a second car, think about making that Oct 17 payment and holding onto this car.

[drowning123]

I have Santander, too. Had my 341 on 9/23. I'm expecting to be discharged on 11/23. I haven't heard anything from them - no letter, no nothing. I guess I'll be carless then. Oh well.

[andy158]

I surrendered a motorcycle and a boat in my bk13. The motorcycle was picked up 2 weeks after my 341 and the boat was picked up a year later. I owed the boat since 2002 and owed very little on it , but only made 13 payments on the motorcycle.

Usally they have the right to repo anything not included in your bk immediately after the 341 in a bk13. Your plan is official at that time. Not sure of bk7.

[researchnerd]

My car was repo'd 3 days after my BK discharge (77 days post-341), but my payments were 5 months behind.

[DebtZombie]

so, most of these stories have me believing its AFTER discharge they will ask for the car right?

I was up to date until I filed.

Car is now sitting unregistered, and I am seriously thinking about dumping the $300 into it to register it so I can drive it for 2 more months!

UGH, what to do,,,what to do...........

[researchnerd]

Yes. Once you have filed, your assets become property of the Bankruptcy Estate and are protected from repo or foreclosure by the Automatic Stay. When your case is discharged, or if the lender successfully petitions for Relief from Stay, the Stay is lifted and everything's fair game.

Edited to add: If you want to drive the car until discharge, be sure your lender knows you are in BK. DH had a close call with the repo man last month because, despite at least two written notices from the court, Bank of America had no idea his truck was IIB. They had charged off the debt and sent the recovery agent out. A quick call from our attorney got them on the right track.

[DebtZombie]

researchnerd, that's scary! I know they know cause they aint called me or sent me ONE letter and as soon as I was a week later they would have been hounding me. Plus I emailed them the BK notice myself, and their emails stopped too.

Woohooooo!!!!!!!! i got an extra car to drive and a few more months I can hold off on looking for a new car!

THANKS!!!!!!!!!!!!!!! Just wish i could register it for a few months, not a whole year! blecko