In Ch 13 and car repossessed

[jld312]

I've been in Ch 13 since 2-2004.
I had gotten behind in car payments and a Motion for Relief of Stay was requested by the vehicle creditor in June 2005.
The BK Court allowed us to catch up on the past due amounts and with a 12 month drop dead provision which expired in May 2006.
Now, in December 2007, we had fallen behind in payments again and our car was repossessed yesterday without warning from the creditor or our attorney.
Is this legal?
Will we be able to get our car back?

[AboutToBK13]

Was the motion for lifting the stay granted during the previous request? Did they obtain a motion for the repo this time if one was not previously granted?

[jld312]

We complied with the court order in June of 2005 which told us to continue making payments as well make an extra payment each month until we were caught up. The Drop dead Provision would expire in May 2006.
We recieved no notice from are attorney or from the creditor prior to the repo this weekend.

[jld312]

OK, well Nissan Motor Acceptance Co had our car returned once our attorney callded their attorney and it was clear that a Motion for Relief of Stay HAD NOT been issued. Of course the folks with Nissan were far from being of assistance until our attorney stepped in. So if your car gets repo's without a Relief of Stay from the Court, then you can report it stolen and hopefully your attorney will be as good as ours. (John Orcutt in Raleigh NC)