Repo'd After Filing

[eli2010]

Hello all, im new to this so bare with me. I have tried the search engine to look for the answers need but to no avail. To make it short, I filed for BK on 9-27-10. On 10-2-10 I informed the car dealership of my BK status so they wouldn't take my car, as i was behind two (2) payments. They repo'd the car anyways! I called them to let them know that they were in violation of the automatic stay but they brushed it off by saying, they have not received anything indicating as such.

Just today, i was told that i could file a motion to get back my car, as I need it to get to work and back. I cannot find the suggested form or anything hinting torwards what i need.

Can anyone help me out with this please?

Thanks in advance!

[eli2010]

Oh and by the way, i filed pro se.

[AngelinaCatHub]

Oh and by the way, i filed pro se.

Geeesh, I thought I just left you. Read this post right near you: http://www.bkforum.com/showthread.ph...po-during-stay.

'Hub

[eli2010]

I was too reading the thread you forwarded me. I understand that they were in violation but it is not clear on what form or motion i need to file with the court.

[AngelinaCatHub]

I was too reading the thread you forwarded me. I understand that they were in violation but it is not clear on what form or motion i need to file with the court.

I don't think you have a form to file in this event. Now, they stated they did not get the notice. (Ignorance of the law is no excuse) So, they are wrong as long as you listed them. That is legally time stamped that the automatic stay is valid the minute you get your docket number.

Do you have a PACER account? If not, get one. Check your matrix for their name. I would write them a "nice" letter asking them to return your property before your discharge. CC a copy under a "Court Paper" with a copy of the letter as admission attachment. THAT will get their attention.

Do you have the Nolo book? If not, the C7 book is excellent for about 25 bucks pdf download with all the forms. (printable and searchable). 'Hub

P.S. in the thread I pointed you to, check out the other situation on the thread I put up for that person. It tells all you would want to know about your stay and the situation you have.

[eli2010]

You rock, thanks Hub!

[tcreegan]

eli2010,

Here is what you need: http://www.ehow.com/how_4521773_viol...ankruptcy.html

Go to the court website and see how to file an Adversary Proceeding and a Motion to Turnover

Go after them, I hope you get damages, document how much time you spend on this and each time you couldn't get to work

Tom in Colo

[eli2010]

Thanks Tom! I want them badddd! i will keep you all informed.

[eli2010]

I cannot find the form that was suggested. Maybe im missing something? Here is the link w**cacb.uscourts.gov/. Or maybe im overlooking it. Any help is appreciated!

[AngelinaCatHub]

eli2010,

Here is what you need: http://www.ehow.com/how_4521773_viol...ankruptcy.html

Go to the court website and see how to file an Adversary Proceeding and a Motion to Turnover

Go after them, I hope you get damages, document how much time you spend on this and each time you couldn't get to work

Tom in Colo

That's a great link TCR. Two thumbs up on that one. 'Hub

Now, let the trial begin...........