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Filing asap - timeframe before car is repo'd

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    Filing asap - timeframe before car is repo'd

    I'm going to file tomorrow or Thursday.
    How much time do I have before they'll repo my financed car?
    I'm already 1 month behind on the payment, June's payment was due yesterday, and July's payment is fast approaching.
    They want to do ACH payment from my bank account tomorrow, but I'm
    gonna try and stall them a few more days, then call back and tell them I've filed bankruptcy - automatic stay is in place.

    I've read that there is a deadline after the 341 meeting that I must
    reaffirm or surrender the car... how many days approximately do you think I have before they repo the car?

    Thanks!
    None

    #2
    When you file BK, the Automatic Stay goes into place. That may buy you about 30 days of time.

    If you don't bring your payments current and continue to pay as agreed, the Lender will file a Motion to Lift Stay.

    You may get 6 weeks to 2 months from filing before you'd have to surrender the car or the car would be repo'd.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      When you file you can reaffirm the car, and what they did for me on one car was reduce the balance by $8K, the interest rate by 5% and they shorten the term and lowered the payments by over $200. What the reasoning is, I think, is that it is up to the judge to allow you to keep the vehicle, and if it is your best interest, so if your upside down, they will try to work it out to your favor, since if they take the car back, they would have to pay more to get it auction ready and still take a loss with no way to get a deficiency judgement.

      Comment


        #4
        You have to be current on your payments in order to reaffirm.
        chap 7 discharge 06/07

        Comment

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