Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Capital One Auto Repo Experience

  • Filter
  • Time
  • Show
Clear All
new posts

  • Capital One Auto Repo Experience

    I just wanted to share my experience to hopefully inform others...
    My truck was financed through Capital One Auto.
    I filed BK in January 2010 and put down to surrender the vehicle.
    Shortly after filing, a notification request was filed by a representative of Capital One Auto Finance.
    I didn't hear anything from them, so while I knew they would get the truck eventually, I planned on driving it until they did because I hadn't bought anything else yet.
    After the 341, when I still hadn't heard anything, I just assumed they would wait until after discharge and call me to arrange for recovery.
    Then, only a week before discharge, the recovery guy shows up around 8:30 am with no notice and is here for it.
    He was nice enough to wake me up, and I was glad he did because I had a ton of stuff in the truck.

    They never filed for a Relief of Stay, and in Texas they don't have to notify you for a repossession.
    I can only assume that since my intent was to surrender that they didn't need to file for a relief anyway.

    I was just shocked that they waited until a week before discharge to come get it, and even then didn't call me.
    I could understand that if you are repossessing from someone behind on bills and not filing..they might try to hide the vehicle.
    But I had just assumed I would get a phone call or at least a letter.

    Moral of the Story: If you have a vehicle financed through Capital One Auto and are surrendering, make sure you get everything you want out of the vehicle.
    If you plan on driving it, do so with the knowledge that one morning it may not be there.
    Don't count on a notification or them waiting until after discharge just because they didn't get it right after you filed!

    Hope this helps you!
    Chapter 7 No Asset
    Filed January 2010
    341 February 2010
    Discharged April 2010

  • #2
    Ugh! Thanks for the info. We planned on keeping the car. But right after we filed, I got sick and hospital bills piled up. We were discharged in February and I'm currently 5 months behind. In about a month, I should be able to send 3-4 months worth of payments in all at once. I'm holding my breath until then. Sickening. We were doing so well.


    • #3
      Originally posted by cleanslate01 View Post
      Ugh! Thanks for the info. We planned on keeping the car. But right after we filed, I got sick and hospital bills piled up. We were discharged in February and I'm currently 5 months behind. In about a month, I should be able to send 3-4 months worth of payments in all at once. I'm holding my breath until then. Sickening. We were doing so well.
      Just to let you know, once you breach your contract, they are under no obligation to accept/take your payments...they may, they may not...


      • #4
        Sounds like it may always be best to "intend to re-affirm" then never sign the papers, even if you plan on surrendering all along. at least that way they have to file for a relief from stay and you will probably get to keep the car until after discharge.

        I'm still surprised they were able to repo without a relief from stay. Had the trustee already abandoned all assets? If not the car belonged to the BK estate (controlled by the trustee) even if you planned on surrendering.

        Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
        Filed Chap 7 - 12/31/2009
        341 - 2/12/2010
        Discharged - 4/19/2010


        • #5
          If you are 5 months behind

          I was 5 months behind, and had reaffirmed the vehicle. I was planning on getting everything caught up next week, and they just came and got the car last night, just discharged 2 weeks ago. There was no letter, no phone call, nothing.


          Unconfigured Ad Widget