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Car repo after three weeks? and charge offs?

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    Car repo after three weeks? and charge offs?

    I have a ton of accounts with Boeing Employees Credit Union In Seattle WA. When I decided to file for bk my atty told me to stop paying everything, which I did. A few of my account are 30 days old with them now this week and one of my cars with them is about 20 days past due. Last night I got a call from the guard at the gate...they are coming to repo the car?! After being only 3 weeks late on the payment. Before this past month I have literally never been late on one single payment in my life. Also, they already sent me a charge off to collections notice for all my accounts, all of which were late at the time of the letter but none were 30 days late yet. I have already told them repeatedly that I filed and they need to leave me alone. My atty told me to record everything thime they call/send anything which I already know. But can they charge me off already and can they charge me off during the automatic stay? What should I do about the car? Would it be best to just hand it over now? Thanks for your help!!
    Filed CH7 12/31/08
    341:1/29/09
    3/30/09 last day for objections
    awaiting discharge

    #2
    Once you are filed, no lender can repo a vehicle without receiving a Relief from the Automatic Stay by the BK court. The car should be returned to you.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      BF told the guard not to let him in (mainly because I was in the middle of eating a really good dinner :P) He said they can come back tomorrow or something, but I still have to allow them in, which I wont. My lawyer said he would call the bank but after me attempting to call the bk dept there they never return calls. Should I not answer any of there calls now? Doesnt that show that I accept the debt or something?
      Filed CH7 12/31/08
      341:1/29/09
      3/30/09 last day for objections
      awaiting discharge

      Comment


        #4
        Originally posted by BassBoy View Post
        Once you are filed, no lender can repo a vehicle without receiving a Relief from the Automatic Stay by the BK court. The car should be returned to you.
        You are technically correct but the only thing stopping anyone from breaking the rules is the fear of the punishment they'll get if they do.

        I had TWO vehicles repossessed from two different credit unions during the automatic stay and neither one bothered filing a motion to lift the stay.

        One of them was listed as "surrender" on my petition and my attorney was getting upset at me for not turning it in fast enough. When I told him it was the only working vehicle in the household, he was more concerned with preserving a good relationship with the credit union than he was about representing me and working in my best interest!

        The ONLY thing that keeps anyone from breaking the law is not the law itself but fear of the punishment that will result from choosing to ignore the law. If the credit union isn't worried about the risk involved with breaking the law, they don't think they'll get caught, or they don't believed they will be punished, then there's not much you can do to stop them. All you can do is work to punish them after its done and it'll be too late to avoid the inconvenience.

        I'd do everything you can to keep them from repossessing that vehicle until your ready to turn it over yourself.
        Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

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