Should I expect it to be picked up?

[msandrews]

I have a 2007 Dodge Charger. Haven't made a pymt on it in 4+ years. My finance company was attempting to garnish my wages but I filed Chapter 7 before the garnishment started. I have my meeting with the trustees on tomorrow. In my bankruptcy file my lawyer listed the car being worth $1000 (which is kinda accurate). Should I expect repossession at anytime after the hearing? Thanks in advance for any insight.

[LadyInTheRed]

They can't repossess the car before discharge unless the get an order for relief from automatic stay. They are unlikely to bother doing that.

[msandrews]

Thanks for responding. And to make sure I'm correct I get the discharge after 60 days?

[LadyInTheRed]

Thanks for responding. And to make sure I'm correct I get the discharge after 60 days?

Yes.

[bcohen]

If you really haven't made a payment in over 4 years, and the creditor hasn't bothered to repo the car, I very seriously doubt that your filing for bankruptcy will suddenly make them do it. By now, the car is probably only worth a few thousand dollars, and after paying the costs to repossess it, prep and store for auction, and sell it at auction, it may not be worthwhile. You probably will be able to drive this car as long as you want. (Of course, since the bankruptcy discharge does not remove the lender's lien from the title, you will not be able to obtain clear title in order to sell, give away, or junk the car when it reaches the end of its life.)

[msandrews]

Thanks for that info! I still plan on getting another vehicle just in case.

[Dis0314]

so just to clarify,

once in a chapter 7, a bank cannot repo any vehicles until discharged? even if you are not re-affirming?

[77discharged]

They have to ask the court for an order from relief to be able to reposses. They aren't going to do that, since they haven't put forth much effort in the last 4 years.