Just wondering if they can do this

[jessegirl]

Ok, so today this guy comes pulling up with and says i am here to take your boat. I was like ok BUT, I am not discharged yet, can they still take it and he says yes. Can someone please let me know if that is ok. I really could care less if they take it, but was just courious. I thought that it was under the automatic stay? Just wondering. I must say the guys that came were really nice and understanding.

[HHM]

Unless the automatic stay has been lifted (either by your case beind discharged/or dismissed, or the lender filing a motion to the lift the stay), technically, they cannot take it.

[jessegirl]

My case has not been discharged and I never received notification about anything for the boat. Whats happens now?

[HHM]

Well, nothing really. If you don't care, then it really doesn't matter. However, you should probably notify the trustee...the Boat is property of the BK estate, if there was any equity in it (not likely), the trustee may have an issue.

You could conceivably pop them for violation of the automatic stay...and you may want to do that anyway in the interest of preserving the integrity of the BK system, but since you probably have not suffered any actual damages, there would be no upside for you.

If you have any attorney, simply notify your attorney and see if he/she wants to do anything about it.

[jessegirl]

Ok thanks. I am going to give them a call. I know there is no equity in it. Thanks for your answer.

[jessegirl]

I just called the attorney and he says that they did not have a relief of stay. He told me to call them back and tell them to bring the boat back. I really do not want the boat back. He said that we can sue them for comtemp of court. Who would get the money if we sue? Me or the attorney?

[jessegirl]

Ok, probaly a really stupid question is that a repo? Meaning when I included them in my bK7 is that also a repo included with the CH7?

[TEW]

Ok, probaly a really stupid question is that a repo? Meaning when I included them in my bK7 is that also a repo included with the CH7?

are you damaged in any way. did they brake anything taking the boat. scrap your driveway.
PS I would make the bring it back for everyone else they think they can do as they please.

[jessegirl]

They did damage my grass. I just called my attorney back and he is going to contact them. The in paper work that they gave me it says Order to Repossess Bank has relief of stay - Demand unit.

[TEW]

They did damage my grass. I just called my attorney back and he is going to contact them. The in paper work that they gave me it says Order to Repossess Bank has relief of stay - Demand unit.

It doesn't matter if they did not get the relief. the bank and the repo co got their wires crossed and that doesn't matter either. I read a case where a repo. co. cut a chain that was around the car axial scraped the driveway and a couple of other things and the judge made them pay for it.