Announcement

Collapse

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

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com 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:
BKFORUM.com (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 BKForum.com 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 BKforum.com.

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 BKForum.com 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

car wrongfully repossesed after a chapter 13 was filed

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • car wrongfully repossesed after a chapter 13 was filed

    So we had a previous chapter 13 we had dismissed in September because we had changes in our circumstances our attorney felt it best to allow the original bk to be dissmissed and to file a new one. Before we could refile the bank received the information that our case was dismissed and sent out an order to have our vehicle repossed. When we learned this we quickly refiled to prevent the vehicle from being repossed. We signed papers on Thrusday, our Attorney filed the papers on Friday afternoon and contacted us with our new case number. We tried several times on Friday and Saturday to contact the bank with the new case information but for some reason their automated system kept dumping the calls. We were unable to get a hold of them at all. Sunday night when of course the attorney is closed, the bank is closed, And the courts are closed so their is no one we can contact to prove our right to retain the vehicle and the towtruck shows up and hooks up our truck and refuses to have his office check into the new bankruptcy claim even though I am sitting their trying to hand him a letter with all the information needed for the case. Most of these companies have access to look up current bankruptcy filings. This is my husbands work truck and puts him in a difficult place for work tomorrow. I am trying to feel confident my attorney will get it all handled in the morning but I am incredibly angry. I would think they should be required to check for new bankruptcys before precedd, I guess I am just looking for reassurance that we will get our vehicle back. I wish there was something we could do further like file a claim against these guys for the stress they caused but I doubt we have any recourse but to simply be happy to have our vehicle back unless my understanding is wrong and we don't get our vehicle returned to us. I hope I am right because my husband was livid and the only way I could get him to back down from arguing with the guy trying to reposses our truck was to reassure him we would get it resolved Monday!

  • #2
    You will get it back, but I don't know how long it will take. I'm sorry to read about this, but this actually happens very often. That is, the bankruptcy filing and the order to repossess "cross" somewhere. You usually need to get in touch with a lender's bankruptcy/retention department before they close for business for the weekend as these are typically only open during normal business hours.

    The silver lining is that since you had a case dismissed in September and haven't had more than 2 cases filed/dismissed in the last year, the automatic stay actually kicked in. It's actually only good for 30 days unless your attorney also filed first day motions (to continue the stay).

    If all goes as planned, the lender should return the car on Monday. I hope this all works out for you.
    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


    • #3
      Thanks for taking the time to answer and pass on some encouragement! I've spoken to the bank and they apolgized profusely! The thing is we tried calling them several times friday and saturday to avoid this, but their phone system has issues where if too many calls are coming in it dumps you and you can't get through! they offered to have the repo company bring it too me, I chose to pick it up my self because it can be hard on a vehicle being towed, also it could take all day if I wait for them! But alls well that ends well, although I won't feel completely at ease until I am driving it home!

      Comment


      • #4
        I am very happy to read this.
        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


        • #5
          Glad it all worked out!
          Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

          Comment

          Unconfigured Ad Widget

          Collapse
          Working...
          X