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Possible to get car back?

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    Possible to get car back?

    I live in New Jersey. I filed a chapter 13 pro se and when I went for a motion yesterday for a hearing to impose the stay (this is my 3rd time filing in 1 year and I have proof that I have a major financial change in circumstances - in the past, I wasn't able to make all of my trustee payments, but can now, due to the change- the attorney representing my car's finance company showed up to the hearing as they filed a motion for a relief), the judge dismissed my case, citing that I didn't file all of my schedules on time. She then addressed the car finance company attorney and told them that if the hearing had gone forward, she wouldn't have given the relief on the vehicle. When I got home, my car was repossessed. I do intend to submit the missing schedules and file a motion to reinstate the bankruptcy. My question is: Will they be able to sell my car, and/or is there anything I can do to stop that from happening? Thanks.

    #2
    Prosegirl:

    You lost three times in a year? At this time, have you considered C7? OR, a lawyer? You have been busted three times. About the car, it would be difficult to say as you have no legal standing to get it back and they have the car. If you went in with money in hand and bring your car up to date, the mortgage holder "MAY" return it but you will also have to pay for the repo and storage. Sorry I cannot give you any magic answers. Try getting the book C7 from Nolo Press for about 21 bucks in pdf download. It can guide you through all the rules and help you a lot in Pro se work if you insist on doing this yourself. You have lessened your automatic stay by being dismissed that much. The book will tell you how to handle that. A C7 is cheaper to do and gives you a complete new start. A 13 is like Chinese water torture. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Hi, Angelina - no, I didn't have 3 dismissals - I had 2 dismissals for non-payment. This time around is my third time, not the fourth. I'm in the process of filing a motion to vacate the dismissal as well as a motion to impose a stay.

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