I've been in chapter 13 for 2 years I fell behind and my case was dismissed in July. I got my case reinstated on August 29 & dismissed again for not filing filing a amended schedule. I filed a motion to vacate dismissal & reinstate the automatic stay on Sept 30. My car was repossessed on Oct 4 & my hearing isn't till Oct 31st. Is their anyway or anything I can do to get the car back at this point?
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Welcome to the forum.
You need to file a Motion for Expedited Hearing and get the Motion heard long before 10/31. I assume that by 10/31 the lender will have disposed of the vehicle. Once disposed of there is nothing you can do to get it back. If you request an emergency (expedited) hearing and get the case reinstated before the vehicle is out of the lender's possession, you may be able to request its return. However, even if you can request its return the Court may say "no" due to the history of the case. The Court certainly will say "no" if you do not have full insurance coverage on the vehicle or if the vehicle was a lease.
The real question is. . . do you really need/want this particular vehicle. If you do you need to act in a hurry. Since there is nothing protecting you (no automatic stay), the lender is free to dispose of the vehicle under state law. Once gone, it is too late to undo the damage.
Des. -
I appreciate you answering my question. I don't really need the car. I have a car & my fiance has a new car now. It's her car but I co-signed with her when we got it in 2007. I filed bankruptcy just to save this car because at the time in 2011 my car was down and this was our only mode of transportation.(We were behind 2 payments and paid the 2 payments but they refused to reinstate the loan) The car last year started having engine problems and she got a new car and since then we haven't had insurance on it. I would have converted my case to a Chapter 7 and turned it in but was trying to protect her cause they would come after her for the balance which is why I didn't even do a cram down. I know it's not smart to keep the car but basically since it's the only reason I'm in bankruptcy I said I was going to fix it. I'm meeting with my lawyer tomorrow to decide what to do next. Sounds like you're definitely suggesting letting them keep it? I might not have a choice because it's been sitting up for about a year without any insurance when she got the new car.Comment
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