Chapter 13, Repo'd car not returned the same as it left.

[Auralis]

My job gave pay cuts to all employees for few months causing me an hourly wage decrease of 2.00/hr. I owed 1 & 1/2 pymt and car was repo'd. I did online research and talked to bank, wouldnt work with me, so saw atty and filed Chap 13. Bank notified to give me car back. Turns out they had the repo co take it directly from my drive to auction. We filed 6 days after repo. When I went and got car they had rekeyed the ignition and handed me one key. This will not unlock the car doors. Since I am paying for the car in my Bk arent I entitled for it to be in same condition as when it left since I was still within the 10 day period to make arrangments and had not gotten my notification of intent to auction? Atty blew me off when I asked this. Also repo co removed my personal possessions and tried to charge me for return. Atty call to inform of bk got things back for no cost.

[Flamingo]

Unfortunately, once you are in breach of contract and a car repossessed, the creditor is entitled to repo the car and whatever needs to be done to repo the car (review the paperwork you signed when you obtained financing on the vehicle). The car was repo'd prior to your filing. I believe the only recourse you may have is through your auto insurance for possible damage to the car during that time and I would give your insurance carrier a call and ask about the responsibility for any damage.

[Bell30656]

If the ignition was re-keyed, I'd say there is a good chance that the ignition was "popped" when it was repossessed. I'd be glad they installed a new ignition. While pursuing it with your insurance company is a great idea, I'll bet that the damage is below the amount of your deductible. Which would result in a claim but no money.