Car Repo Confusion
I filed Ch.7 back in late Sept. Had 341 meeting 2 weeks ago and it's postponed to
11/23 so I can get additional paperwork. My wife&I remember stating to our attorney we wanted to keep our 1 car. We were behind on it and owed about 120 days payments on it. They said they would add it as an exemption and the bank could not repo it while I'm in bankruptcy. BUT they did,yesterday. Called atty.and he told me to call the bank which I did. Bank claims it was not on SOI and they were given a relief of stay,if I understood that correctly?? So now attorney states matter of factly,"well human errors happen, but let me see what I can do". He's calling bank today and said they had no right to take it and he does not see where the bank filed a lift of the stay(or something like that). Said also he's planning to file a petition to convert us to Ch.13 and therefore the bank has to give the car back. I really like our attorney,but now I'm concerned does he know what he's doing. I know we take responsibility for our own actions, but I paid good money to an attorney who came recommended and put my faith in him. Have I lost my car?
11/23 so I can get additional paperwork. My wife&I remember stating to our attorney we wanted to keep our 1 car. We were behind on it and owed about 120 days payments on it. They said they would add it as an exemption and the bank could not repo it while I'm in bankruptcy. BUT they did,yesterday. Called atty.and he told me to call the bank which I did. Bank claims it was not on SOI and they were given a relief of stay,if I understood that correctly?? So now attorney states matter of factly,"well human errors happen, but let me see what I can do". He's calling bank today and said they had no right to take it and he does not see where the bank filed a lift of the stay(or something like that). Said also he's planning to file a petition to convert us to Ch.13 and therefore the bank has to give the car back. I really like our attorney,but now I'm concerned does he know what he's doing. I know we take responsibility for our own actions, but I paid good money to an attorney who came recommended and put my faith in him. Have I lost my car?
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