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REPO during Ch. 7?

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    REPO during Ch. 7?

    Can a bank or credit union repo my autos or RV during a chapter 7? Im in California.

    Thanks for your help.

    #2
    I think you are protected by an automatic stay, but the creditor can ask for relief from the automatic stay and if the motion is granted; then they can proceed with the repossession. I'm not sure if that is the case in all states. Someone will pitch in with a more definite answer for you.
    Filed Ch7: December 02, 2009
    341 Meeting: January 06, 2010

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      #3
      Well, strictly speaking, once you file there is an automatic stay in place that prevents them from taking your vehicles. However, they can request relief from the stay and come after you. You should know if this is happening.

      Practically speaking, I wouldn't feel safe for at least a couple of weeks post filing since they can always claim "we hadn't received notice yet". Then you are kind of stuck since getting the vehicle back would be a hassle, especially if you indicated that you would be surrendering the vehicle.
      Case Closed > 2/08/2010

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