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For how long can I hide vehicle?

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  • For how long can I hide vehicle?

    I am filing chapter 13 on October 18, and I am surrendering my 2007 audi q7 lease. My attorney told me that it is best to avoid a reposession, and it is best to surrender. he also told me that I will keep the car up until the 341 meeting or after because audi will have to get permission from the courts to pick it up. I am more than 60 days late on the audi payments, and I beleive they were looking for the car yesterday. I am hiding the car at another house meanwhile. How long can I hide the car?

  • #2
    You cannot deliberately "hide" property that does not belong to you.

    I advise my clients that if they are surrendering the collateral they may use the collateral until it is repossessed. If they are behind I tell them to remove their personal items so that, if they wake up in the morning to find the auto gone, they are not concerned that their wallet might have been in it. I also tell them that until the vehicle has been taken by the lender they must maintain full insurance coverage.

    Des.

    Comment


    • #3
      They will eventually find where you are "hiding" it. The repo-man knows how to stalk you and learns your habits. I had a friend do EXACTLY what you describe, and they found the car within a week at the "alternate" location. They repossessed it during the night. I would follow the kind advice from Desi and remove all your personal belongings.

      You may be lucky and the car may not be repossessed before the 18th, but you're playing with fire.

      Also, I don't condone the intentional cat-and-mouse games with the repo-man. Having wrote that, and to answer your question, you can "hide" it until they find it, or your file bankruptcy, whichever comes first. Even if you file, it may still be repossessed because they don't know that you filed bankruptcy. Whether you'll get to keep it until the 341 Meeting will be based upon how fast Audi files a motion for relief from the automatic stay, and that it is granted. It is possible that it could occur just shortly before the 341 Meeting.

      Are you making arrangements for new transportation at this time?
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog


      I am not an attorney. Any advice provided is not legal advice.

      Comment


      • #4
        Hide it at your friends house until you file then call the Audi people and give them the case number and they can't reposse it. I was over 60 days on my payment too before I filed and I still have the car.
        Filed Ch 7 8/12/10
        341 Meeting 9/15/10
        Discharged 11/15/10

        Comment


        • #5
          Thanks for the advice guys. I am keeping the vehicle stored away at a property that the repoman cannot get into. It has a 12 foot iron gate that is always kept locked, and the only way in is through a small alley. Tow trucks cannot even fit through the alley. I will not be driving the vehicle during the next 11 days. On the 18th, my attorney said that he would call audi and tell them that I have filed for bankruptcy and give them the case number, just like ironpirate did.

          Comment


          • #6
            If it's in a locked area, the repo-man can't get it. I was wondering if you drove it to/from work, as that is a prime target for the repo-man, as is shopping center parking lots.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

            Comment


            • #7
              So your attorney is condoning hiding collateral? Interesting. Wonder how may ethics violations that entails. I guess he's not too worried about losing his license. Must be nice.

              Des.

              Comment


              • #8
                Originally posted by justbroke View Post
                If it's in a locked area, the repo-man can't get it. I was wondering if you drove it to/from work, as that is a prime target for the repo-man, as is shopping center parking lots.
                Yup, it's in a locked area, I will not be driving the car at all. I will wait till I file to drive it again.

                Comment


                • #9
                  Originally posted by despritfreya View Post
                  So your attorney is condoning hiding collateral? Interesting.
                  Des, you have to look up that Ohio case where the Bankruptcy Attorney was instructing his clients to charge his $3,000(+) fee to their credit cards! The Judge ordered a review of ALL of his cases since 2005, and for the attorney, in the specific case that drew attention, to pay the creditor, Discover, back the full amount!!!

                  It was on Bankruptcy Law Network today. (In re Seidel, No. 09-58731 (Bky.S.D.Ohio Sept. 30, 2010), "Lawyer Fees Charged to Client’s Credit Card; Court Orders U.S. Trustee to Examine Every Case He Filed Since 2005")
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog


                  I am not an attorney. Any advice provided is not legal advice.

                  Comment


                  • #10
                    Originally posted by despritfreya View Post
                    So your attorney is condoning hiding collateral? Interesting. Wonder how may ethics violations that entails. I guess he's not too worried about losing his license. Must be nice.

                    Des.
                    My attorney didn't directly tell me to hide the vehicle, he told me that it would be great if the vehicle doesn't get repoed before the 18th, that way I can drive it for another month. So, I have decided to hide it in the meantime. I guess I am just a daredevil, I have always liked to live life on the edge.

                    Comment


                    • #11
                      Originally posted by justbroke View Post
                      Des, you have to look up that Ohio case where the Bankruptcy Attorney was instructing his clients to charge his $3,000(+) fee to their credit cards! The Judge ordered a review of ALL of his cases since 2005, and for the attorney, in the specific case that drew attention, to pay the creditor, Discover, back the full amount!!!

                      It was on Bankruptcy Law Network today. (In re Seidel, No. 09-58731 (Bky.S.D.Ohio Sept. 30, 2010), "Lawyer Fees Charged to Client’s Credit Card; Court Orders U.S. Trustee to Examine Every Case He Filed Since 2005")
                      Ok, JB - ignore the PM. Did we not have a poster to this forum who was dealing with an adversary filed by Discover for this very issue?

                      Attorneys who have clients pay fees for a bk with a credit card are clearly in the wrong.

                      Years ago a credit card company contacted my firm asking if we wanted to enter into a credit card machine agreement. When I told him what I did for a living he stated that he guessed my answer was "no".

                      Des.

                      Comment


                      • #12
                        Originally posted by despritfreya View Post
                        Ok, JB - ignore the PM. Did we not have a poster to this forum who was dealing with an adversary filed by Discover for this very issue?
                        Yes, and I was trying to find it... unless that poster is the person in the Ohio case.
                        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                        Status: (Auto) Discharged and Closed! 5/10
                        Visit My BKForum Blog: justbroke's Blog


                        I am not an attorney. Any advice provided is not legal advice.

                        Comment


                        • #13
                          Be careful because the repo-man is probably reading this :p Jokes aside, I hope you'll make it on time to file for bk and keep the car. Good luck.
                          How to stop garnishment - Bank Account Garnishments

                          Comment


                          • #14
                            My attorney's office (Legal Helpers so a national law firm) actually mails instructions to you saying that you need to either make sure you are paying current on the car loan -or- keep it in a LOCKED garage.

                            I am about to file my Chapter 13 (I have paid my fees to them like 2 months ago but delayed sending them required paperwork due to a possible job promotion that would have been a 30,000 annual increase, which if I had gotten it would been better off not filing) and one of my vehicles they are saying the are going to file a Writ of Replevin as they have not been able to get payment in 5 months. I called the attorney's office and they suggested that I not have the vehicle on the premises and to not answer the door when the Sheriff arrives so I won't have to tell them where the vehicle is at. This way, I can delay it until I get the 13 filed.


                            Originally posted by despritfreya View Post
                            So your attorney is condoning hiding collateral? Interesting. Wonder how may ethics violations that entails. I guess he's not too worried about losing his license. Must be nice.

                            Des.
                            Chapter 13 Filed November 10, 2010 Indiana - Southern District - United States Seventh Circuit
                            Attended 341 hearing 12/15/2010

                            Comment


                            • #15
                              Wow.
                              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                              Status: (Auto) Discharged and Closed! 5/10
                              Visit My BKForum Blog: justbroke's Blog


                              I am not an attorney. Any advice provided is not legal advice.

                              Comment

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