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Chapter 13 stay for vehicles, repo refuses to return vehicles

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    Chapter 13 stay for vehicles, repo refuses to return vehicles

    Ok so i filed chapter 13, at which time same day of course my attorney notified the finance company that i had filed and to have my vehicles returned at which they agreed and told where i needed to go to pick them up. At this point the reposession company is refusing to return my vehicles and states that i will never get my vehicles back. Is this even possible sense they do not have a lien on the vehicles and the finance company has told them to return my vehicles? thanks in advance.

    #2
    If your car was repossessed and removed from your possession BEFORE you filed (even by just one day), then you'll have to work with your lawyer to see what's possible. Your automatic stay only protects what you had in your possession on filing day, not before.

    However, if your car was repossessed AFTER you filed (even on the same day), then your lawyer will have to go after the repo company and reinforce your automatic stay with a very legitimate threat to sue to get the car back and get damages for you besides.

    So the bottom line is that whether you get the cars back or not is going to depend on exactly when the cars were repossessed. Which it is - before or after you filed?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Well they was reposessed 8 days before I filed, the finance company said they would hold them 10 days before they would be sold or auctioned off. The problem is the reposession or wrecker company is refusing to release the vehicles not the the finance company they are willing to return the vehicles. Thanks

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        #4
        It sounds like the repo firm is looking to get paid for their work. It's not their fault the lender wants to give the car back.
        They may feel they have a mechanic's lien on the car now. You'll probably have to get your lawyer to work it out with the finance company and/or the repo firm.
        Worst case, it may mean more money gets paid to the car from your plan payments.
        filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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