I just returned home from out of town to see my car has been taken. I assume that it has been repossessed, but will confirm this morning. I wanted to check with the forum to see if the creditor was allowed to do that. The original last date to object was 6/6/14 but there has been an extension on the time allowed for an objection to discharge by one of the creditors until 6/3014, so the court has not granted a discharge yet. Does this mean the automatic stay is still in effect? Or was the creditor right in being able to take the car.
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Repossession During Bankruptcy???
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What did you list on your Statement of Intentions (SOI)? The stay does terminate automatically 45 days after the first 341 Meeting, unless you have reaffirmed or redeemed. (Se 11 USC 521(a)(6)(B). Duties of Debtor) Most creditors will actually seek relief from the automatic stay to make sure the Trustee does not have an interest in the property.
Also, if an individual creditor asked for an extension, it's only for that individual creditor and debt. It does not change the bar date (the 60 days) for filing such an extension for any other creditor.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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