Still have 2014 car after discharge. When can expect repo?

[Azazel35]

I have a 2014 dodge journey that was financed through Chrysler capital. Made one payment then lost my job of 2 Years. The next month I called and had my payment date moved up. They allow one which gives you extra month. Got another job but then I decided to file bk . I surrender the vehicle cause 724 dollar payment a mth on it with new job was not going work well. So I filed my bk July 11, 341 was on August 11 received my discharge oct 17. We have not heard anything about when they will get the car. Just wanting to know other people experience with Chrysler capital and when there car got picked up. I know at the 341 the trustee said that Chrysler had not filed some type of paper yet. When I asked my lawyer about it he said if they didn't file what ever the paper was that basically the court would own the car and trustee could sell it and pay our debt with it. We still drive the car and I keep it in the garage at night or another car park behind it, so if they show we can get our stuff out. I'm just surprised that a 2014 car that only one payment was made on back in late march has not been picked up yet. It has 11k on it now and still adding to it.

[despritfreya]

When I asked my lawyer about it he said if they didn't file what ever the paper was that basically the court would own the car and trustee could sell it and pay our debt with it.

It is possible that the lender failed to properly perfect its lien. Does the title show a lien on the car? Do you even have possession of the title? If the lender failed to properly perfect the lien, the Trustee steps into its shoes. Depending upon case law in your district the Trustee can either take the vehicle from you and sell it for the benefit of creditors or collect the monthly payment from you (or sell the right to collect) as though he was the lienholder. Ask your attorney if the lien was properly perfected and find out if and when the Trustee is going to demand the turnover of the vehicle. Barring a turnover demand or the repossession by the lender if it has a perfected lien, you should be free to use the vehicle so long as it is properly insured under state law.

And. . . welcome to the forum. I see you joined last month and I am responding to your first post.

Des.

[Azazel35]

Thanks for the reply. I do have the title. But another weird thing is on all 3 credit report this car is no where on it. Only thing related to it is the search from the company of my credit report. Is that normal?

[despritfreya]

All I can tell you regarding a credit report is that how or whether a creditor reports has no relevance to anything you are dealing with. The questions is whether or not the lender properly perfected its lien and the timing of that perfection. If you are curious about perfection, Tennessee law and the bk trustee’s “rights”. . .

Info on temporary liens (used before fully perfected is obtained):

http://www.tn.gov/sos/bus_svc/motorFAQs.htm

Temporary lien searchable data base:

http://www.tn.gov/sos/bus_svc/MotorVehicleSearch.htm

A good explanation of the issues based upon your State’s prior version of its perfection statute:

http://www.tneb.uscourts.gov/sites/default/files/12-11-2003_newton_v_sovereign_bank_et_al_in_re_farmer_03-3045_0.pdf

Current version of Title 55 of the Tennessee Code Annotated. Open Title 55 + sign; then chapter 3 + sign; then part 1 general provisions + sign; then 55-3-125 and the first 55-3-126 you see which is the version that was applicable when you filed bk.

http://www.lexisnexis.com/hottopics/tncode/

Des.

[Azazel35]

Thanks for info I'll read it when i get home tonight. Always like know what's going on. Hate when lawyer talk about stuff I have no clue what it means lol

[LadyInTheRed]

Thanks for info I'll read it when i get home tonight. Always like know what's going on. Hate when lawyer talk about stuff I have no clue what it means lol

Never be afraid to ask your attorney questions when you don't understand what he tells you. If you don't speak up, he will assume you understand.

10 days after discharge doesn't sound like a long time for the lender to repossess the car. Until you know for certain whether it is the lender or the trustee who is entitled to the car, be prepared for it to be repo'd at any time. The trustee will contact you about turning over the car, the lender most likely will not.