Repo w/ Ch 7 discharge, but case not closed.

[phxduck]

Filed for Chapter 7 here in Oregon in April 2009 and discharged in July 2009, but my attorney said that the case has not closed yet from the trustee. Our vehicle was just repossessed earlier today with no notice from the lender through the US Bankruptcy court, and was wondering if they had the legal right to do so. Don't they have to file with the court first as the case is not completely closed out?

Thank you for your input.

[justbroke]

They do not have to file anything once your case is discharged. The discharge only stays, by injunction, the continued collection of debt. It does not stay the in rem remedies a secured creditor can exercise. (In Rem means against the property.) They are just not allowed to sue you or threaten to sue you or attempt to collect from you.

I'm surprised it took 8 months for them to come repossess your car. Have you been paying on time? If you had, when did you stop paying?

You must have an asset case, since it hasn't closed yet. It can take a year or two to close.