hi I have a ? I filed for bk7 and I'm currently 25 days late on payment do I wait till after the 341 meeting to make payment or can they repo car? I'm still not sure I'm going to reaffirm
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Well...seems like you need to decide whether you want the car or not. You can keep the car without reaffirming. It's called doing a "ride through." You have to make sure you stay current on the payments.
If you have already filed and plan to keep the car with current payments, then I would suggest never going past 10 days or so late. With being 25 days late and have already filed, there could be a chance they'd just come pick the car up.
Many folks on this poster have kept their cars past filing and never made a payment. They just avoid the repo man for as long as possible. -
If you want to keep the car you need to make the payments.
If you want to surrender the car, then don't make anymore payments. They'll file a motion to lift stay and then move to take possession of the car.May 31st, 2007: Petition Filed by my lawyer
July 2nd, 2007: 341 Meeting Held
September 4th, 2007: Discharged and Closed.Comment
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An important question - were you current on the car payments on the day you filed?Originally posted by artpacbell View Post
If you were current and you want to keep the car, then you have to make the payments on it and stay current. Otherwise the lender can repossess the car. You'll know if the lender does decide to repossess because they will file with the court to lift your automatic stay.
What does your lawyer have to say about your late payment on the car?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 goComment
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In some states you can legally keep the car without reaffirming and they CANNOT repossess as long as your payments are current.
In other states you can keep the car also without reaffirming BUT they CAN repossess if they want to, simply because you did not reaffirm. So you should ask your attorney how your state views this situation. What does your attorney advise you to do with your car?
Do you WANT to keep it, or is the payment too high and you'd be better off with an older car...?<<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
FINALLY DISCHARGED 92 DAYS AFTER THE 341!
A NEW START!!!Comment
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