My car being repossessed

[stacyg]

I filed chapter 13 a year ago and yesterday it was dismissed. Me and my lawyer knew that was going to happen because I got behind on payments with my house and trustee because of medical situations but now my health is better. So what my lawyer advised was just to refile which should go through. Anyway, my car is involved in this and I can't pay the balance of my lawyer fees until next week. Once the fees are paid, my lawyer can go get a court date which my car will be ok. My lawyer did advise me to "hide" the car until then. I am so worried. I don't have a garage or anything. He said within this weeks time...they can come and reposses it. Did this ever happen to anyone? My lawyer advised me not to call them to let them know I am refiling right now because they probably didn't get the papers yet that it is dismissed. What should I do? Does repossession usually happen that quick????

[shantaa]

Stacey,

Yes this just happen to me 2 weeks ago. I was late with 2 payments and my case was dismissed. I did not know about the hearing because my lawyer never updated my address with the trustee (moved to another state). I found out about the dismissal online. A week after the notice was sent, my car was repossed (Toyota). I owe $2400 to complete the plan and of that $2000 was in the arears. I come this far for this to happen. I have a hearing to be reinstated, but the fees to get the car back etc and the possibility that the car will be sold before that is a issue ($50 per day). I messed myself up big time again, but praying to be reinstated (i have the money) because the most improtant is the DISMISSAL!

Good luck

[workinghard]

Now this will sound like crazy advice...but since you have your dismissal papers hurry to your nearest dealer and get another car, something reasonable that will give you good mileage. They are pretty much giving away vehicles in my area as long as you work you drive. Then if the repo man cometh, hand over the keys and file it in your case the deficiency it will become "unsecured" and the new car "secured" creditor. If he doesn't come by the time you refile, then you voluntarily surrender one of the vehicles in the refile. You should bounce this idea off your lawyer.

I don't want to scare yah but with no garage to "hide" it they can (and probably will) come to get it. All depends on who the finance company is and how fast they get notice of your dismissal. Again, I know this sounds crazy...another alternative is to ask a friend or family member to hide it for you in their garage but beware if they are listed on your reference sheet they will go looking by them too.

Best of luck to you, let us know how it turns out.

[chucksherm]

I filed chapter 13 a year ago and yesterday it was dismissed. Me and my lawyer knew that was going to happen because I got behind on payments with my house and trustee because of medical situations but now my health is better. So what my lawyer advised was just to refile which should go through. Anyway, my car is involved in this and I can't pay the balance of my lawyer fees until next week. Once the fees are paid, my lawyer can go get a court date which my car will be ok. My lawyer did advise me to "hide" the car until then. I am so worried. I don't have a garage or anything. He said within this weeks time...they can come and reposses it. Did this ever happen to anyone? My lawyer advised me not to call them to let them know I am refiling right now because they probably didn't get the papers yet that it is dismissed. What should I do? Does repossession usually happen that quick????

We decided to surrender one of our cars in our BK. I stopped making payments on it. The court notified the credit union that we were filing BK and surrenduring the car. It took them about 7 weeks to come and get the car.
It may be too soon to panic.