Repo man comes, leaves empty handed!

[ourf8]

Whew, what a day. Our 341 is Monday and we are so ready for this to be over with. We filed out statement of intention for our vehicle last week by the deadline and have kept in contact with our lender GMAC about whether we would re-affirm or redeem. As I am getting our little girl ready for school, I look out the door to see our truck on the flatbed being winched up. In thirty degree weather (and rain) I run out barefoot to stop the guy. He claims that he has his orders from GMAC to pick it up. I explained to him that we were in C7 BK and there is a stay in effect, yet he keeps winching it up saying if that's the case I can pick it up after it's straightened out (after paying them like $100 a day). I called the NYS police who come out and insist that he is still in every right to take the vehicle and tell me to "let it go". So I called GMAC and after thirty minutes finally got someone who handled my account to take care of the mess and let him go on his way. Thank god! I had to assure my little girl that the guy thought he was buying the truck and the police had to let him know that he had the wrong house because she is too young to understand what's going on.

Were the police right? I thought that with proof of the C7 BK they had to tell him to take a hike? They say no, it's civil. I am confused, and relieved. Thanks.

[sparkle12]

That's what I understood also. As soon as you file the stay goes into effect. Im in NY also.

[Doghouse]

Problem is the police themselves may not be well versed in what to do for circumstances like these involving "stay" bankruptcy orders or other issues. Lucky for you to have looked out that window. I know I will not be involved in a situation like this when I file as my car is parked in my garage 100% of the time.

[ThreadsSnapping]

Unless they had filed for and were granted a relief from the stay GMAC screwed up big time. Make sure you tell your lawyer about this. They need to be held responsible for their actions.

I would also call the local police department and file a complaint about their handling of the situation. They need to be properly trained in handling a BK stay. With the economy the way it is, they will probably be getting a lot more calls like this.

TS

[blankslate]

I'm sorry to hear about the drama this morning. That is so hard when you have kids and they see this going on. We're supposed to be the heros who can do anything. I'm glad you were able to cover it up and explain in a different way to your little one.

Years ago I had a car repo'd and I knew the day was coming. The Repo guy actually knocked on my door and asked me if I'd like to get my personal things out. That shocked me!

[WharffRat]

Sounds like a violation of the "Stay" to me.

Your lawyer should advise you what do do next......



....keep us posted

[ansky0007]

Where you current on the loan? I am in the same situation and I am current on my vehicle which has $4k in equity in it. I am concerend if I dont sign the agreement they will have the right to take it and sell it since whats owned on it well under wholesale so they could make money auctioning it.

[justbroke]

The key here, is the Violation of the Automatic Stay is a civil matter, with civil penalties. While you could end up with criminal penalties for contempt of court and so on... it's really a civil matter.

The police will not inject themselves into a civil matter.. unless it's just to keep the peace OR to enforce a court order. However, the Automatic Stay is not a Court Order where the police are commanded to do something (e.g. Most court orders directed at the police begin something like... TO ALL LAW ENFORCEMENT OFFICERS HAVING POWERS IN SOMECOUNTY, FLORIDA, you are hereby ordered for habbeaus corpus on SOMEFELON...). (I totally made that up!)

The officer, rightfully, abstained from entering into the fray and only being there as a "peace" officer at that point.

Of course, in the end, this is a violation of the automatic stay, but you must make a motion to the court and there's a process. It's never handled by the police, unless and until a judge issues an order which reads like the text above...

[ourf8]

I filed pro se, but I did get an interesting and very apologetic voicemail from GMAC apologizing for the "disturbance" and mix up and asking me to contact them to let them know everything is straightened out now. Had it been the local PD, they would have made the repo guy leave, but NYS troopers are not exactly the friendly kind. I had to ask him to contain his comments to himself after saying things like "they wouldn't be here if you paid for it in the first place" and the one that made me lash back " I personally couldn't care less if they take your car or not." I told him that was a sh**ty thing to say and please keep those comments to himself in the future.

[Never_Again]

Justbroke is absolutely correct! Bankrutcy, and the stay, is a civil matter. The local officer would have seen that he had the proper paperwork, and would have let him take it. Of course, he might have had to bring it back, but again, a civil matter.

The comments, at best, were very unprofessional, and not warranted at all.

[StartingOver08]

I filed pro se, but I did get an interesting and very apologetic voicemail from GMAC apologizing for the "disturbance" and mix up and asking me to contact them to let them know everything is straightened out now. Had it been the local PD, they would have made the repo guy leave, but NYS troopers are not exactly the friendly kind. I had to ask him to contain his comments to himself after saying things like "they wouldn't be here if you paid for it in the first place" and the one that made me lash back " I personally couldn't care less if they take your car or not." I told him that was a sh**ty thing to say and please keep those comments to himself in the future.

WOW! What nerve! That NYS Trooper clearly needs some sort of training. I would write a letter to his supervisor detailing EXACTLY how that officer handled the situation. I would also put in the letter the automatic stay info just in case the supervisor in also unfamiliar with federal BK law. I would make this letter factual and specific. And, maybe provide the solution as to how it should have been handled. How ironic that these officers are suppose to uphold the law and yet they contribute to the mess rather than 'keep the peace.'

[arkienurse]

I filed pro se, but I did get an interesting and very apologetic voicemail from GMAC apologizing for the "disturbance" and mix up and asking me to contact them to let them know everything is straightened out now. Had it been the local PD, they would have made the repo guy leave, but NYS troopers are not exactly the friendly kind. I had to ask him to contain his comments to himself after saying things like "they wouldn't be here if you paid for it in the first place" and the one that made me lash back " I personally couldn't care less if they take your car or not." I told him that was a sh**ty thing to say and please keep those comments to himself in the future.

I would file a complaint with the state police over those comments. People in public service have a duty to keep their personal opinions to themselves when on the job. IMNSHO.

[justbroke]

WOW! What nerve! That NYS Trooper clearly needs some sort of training. I would write a letter to his supervisor detailing EXACTLY how that officer handled the situation. I would also put in the letter the automatic stay info just in case the supervisor in also unfamiliar with federal BK law. I would make this letter factual and specific. And, maybe provide the solution as to how it should have been handled. How ironic that these officers are suppose to uphold the law and yet they contribute to the mess rather than 'keep the peace.'

Unfortunately, nothing will happen in respect to the Bankruptcy or Federal Bankruptcy Law. Without a Court Order directing "law enforcement" to do something in particular, the law enforcement officer will do only what's in front of him. A repo company with a valid repossession order, has full authority to take your car (period).

The police officer apparently did know about BK law. It's a civil matter. And, that's how it is handled, in Court.

No, as for his demeanor and snide comments... that was unprofessional and that should be reported.