Can they take the car?

[AV1611]

I'm new to the forums. We filed chp. 7 July 17th via a laywer. We are 3 months behind on our Kia payment. They lawyer told me that the bank which owns the car needs to file with the Bankruptcy court in order to take the car.

Got a call from an investigator about the car, told her we filed BK, gave her the BK number and she said she'd notify the bank. Just got off the phone with the bank, now I can't eat dinner! He wouldn't hear any of me filing BK, said I need to just hand over the car. I told him he need to contact the court or my lawyer, and he just argued with me. So I hung up.

So do I need to go out and clean out the car? I wasn't sure if they are allowed to just come and take it?

Now that we filed I'm answering the phone... most of the time these creditors are foreigners or automated things to call number and. Never answered the phone after I got laid off, cause you tell them you have no money to pay and they argue with you. Figured I'd save both the hassel... sorry enough babbling.

Please help I have AIM if easier.

[liz417]

I'm new to the forums. We filed chp. 7 July 17th via a laywer. We are 3 months behind on our Kia payment. They lawyer told me that the bank which owns the car needs to file with the Bankruptcy court in order to take the car.

Got a call from an investigator about the car, told her we filed BK, gave her the BK number and she said she'd notify the bank. Just got off the phone with the bank, now I can't eat dinner! He wouldn't hear any of me filing BK, said I need to just hand over the car. I told him he need to contact the court or my lawyer, and he just argued with me. So I hung up.

So do I need to go out and clean out the car? I wasn't sure if they are allowed to just come and take it?

Now that we filed I'm answering the phone... most of the time these creditors are foreigners or automated things to call number and. Never answered the phone after I got laid off, cause you tell them you have no money to pay and they argue with you. Figured I'd save both the hassel... sorry enough babbling.

Please help I have AIM if easier.

Hi there and welcome to this site!
I'm sorry that the bank "wouldn't hear any of you filing BK"...that's beside the fact that you are indeed filed and LET THEM talk to your attorney/trustee and arrange for the return of the car. You are behind in the payments and YES, they will repo the car, so my suggestion is to make sure you don't leave any personal belongings in the car! Did you make plans for other transportation yet?

Good Luck!

[AV1611]

Hi there and welcome to this site!
Did you make plans for other transportation yet?

Good Luck!

Not really. A friend of ours has an extra car and he mentioned to let us use it. Just don't have the money to get a car, my freelance is just getting us by paying rent. I've been filling out apps and sending off my resume to places, etc. Just can't snag anything.

Thanks for the answer.

[JRScott]

It's been a week they should have been notified by the court of the bankruptcy. I'd notify your lawyer.

They have to file a motion of relief from stay with the bk court in order to take the car legally. However given your 3 months behind it shouldn't take them long to file it and it will be granted.

[Priceless ProSe]

1) is it good forum etiquitte (spelling) to ask your own question in a related thread?

2) I was current on my car when we filed BK, but I have quit paying since. Is this normal? I guess what I am saying is, when you file for chapter 7 are you expected to keep paying your car?, or does the bank expect you will quit paying during the BK. For example, if someone wants to reaffirm do they keep paying during the BK or wait until after its done. Similarly, if someone wants to keep the car until they find a new one should they keep paying during the BK (assuming they were not behind to begin with)?

[JRScott]

1) is it good forum etiquitte (spelling) to ask your own question in a related thread?

2) I was current on my car when we filed BK, but I have quit paying since. Is this normal? I guess what I am saying is, when you file for chapter 7 are you expected to keep paying your car?, or does the bank expect you will quit paying during the BK. For example, if someone wants to reaffirm do they keep paying during the BK or wait until after its done. Similarly, if someone wants to keep the car until they find a new one should they keep paying during the BK (assuming they were not behind to begin with)?

If you plan to keep the car you need to keep payments current even through the BK but they can't send you a bill....so you usually have to call them and ask when it is due and how much.