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Filing chapter 7 Bk July,1st car has a gps disabler fun fun

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  • Filing chapter 7 Bk July,1st car has a gps disabler fun fun

    Hello out there
    Well here is how it goes .
    My car has a GPS disabler I'm very interested
    To see how this goes, when I file July 1st
    As the GPS disabler can make the car not start.
    I've been 100% on time and I'm opting
    Not to pay as of June 26th.
    I've located GPS disable.
    Anyone out there entered bankruptcy
    With this kind of issue?

  • #2
    Can you remove it?
    Chapter 7, above median, no asset. Discharged with no UST involvement.

    Comment


    • #3
      Well, they are precluded from disabling it once you file and the automatic stay is in place. You would need to tell them the case number upon filing. You would also need to decide what you're going to do with this vehicle (and state as much in your Statement of Intentions). While they can't "legally" do things to force you to pay, that won't stop an uninformed or malicious "buy here - pay here" dealer from violating the automatic stay.

      What are you intentions anyhow? Are you returning the car? If you don't pay, they will obtain relief from the stay and, then really disable the car and then come to repossess the car.

      Though starter interrupt devices generally have not been addressed in reported case law, the United States Bankruptcy Court for the Eastern District of Arkansas addressed the devices in a relatively narrow factual context. In In re Hampton (Hampton v. Yam’s Choice Plus Autos, Inc.),22 the court concluded that a creditor violated the automatic stay in a Chapter 13 bankruptcy case when the creditor failed to take appropriate action to ensure that the Chapter 13 debtor always had correct codes to start her car. The court concluded that the creditor, who had installed the starter interrupt device before the bankruptcy was filed, willfully exercised control over estate property, and thus willfully violated the automatic stay. The court suggested that the creditor could have avoided this result had the creditor removed the device upon issuance of the automatic stay.

      The approach of the Hampton court is consistent with the treatment of the use of these devices as a kind of repossession. In light of the case, creditors should ensure that the device would not prohibit starting of the vehicle after the automatic stay goes into effect.

      THE LAW APPLICABLE TO THE PAYMENT ASSURANCE TECHNOLOGY INDUSTRY (2013)
      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
        Hey guys good morning
        well I pulled my dash apart
        And found the device it's not a problem
        At all quite easy to bypass with no problemo

        In my statement of intentions
        I choose to surrender car not sure how
        Long til they will come for it,I've read they
        Will have to file a motion for relief to lift stay
        I purchased car at a buy here pay here
        But car was financed through a subprime lender
        Car was purchased in march of 2013 130k
        As of today has 172k

        Comment


        • #5
          Well i filled July 7th i called and spoke with the finance company.
          The car starts fine so no need to pull the device out
          as i'm ready for them to file a motion for relief but have
          a feeling wont happen car is worth $2500 loan is 5400 balance.

          Comment


          • #6
            Hello out there
            Day 61 since 341 meeting.
            Still driving car with no problem.
            I think it will be a long time before they come for it.
            Just hit 180k and going strong.

            Comment

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