Ch 13 and auto repo

[leenmlss]

My spouse and I filed for a chapter 13 in Sept. 08. The trustee filed a motion to dismiss as he was missing some documents and the first plan payment was late. The judge granted the dismissal. Our attorney "thought" they had filed an objection to the motion but hadn't. They have since filed an Motion to reinstate the bankruptcy as the required documents were infact with the trustees office and the plan payment had been sent. The trustee filed an objection and it is set for hearing in Dec. Our attorney told us the stay would remain in effect for 30 days. Apparantly not the case. Last week a creditor (title loan) came and repo'd our truck. This creditor was included in the plan but had not recvd any pmts. My atty called the creditor and explained that the case was set for hearing and the company stated that for now it was dismissed and so they had the right to repossess. Today I got a letter from them giving me 7 days (which expires 2 days from today)to redeem the vehicle by paying the loan in full. I don't have the money to pay the loan in full. Do they have to wait until the hearing to sell the truck? What if the case is reinstated and the truck has been sold? It is valued at 15k and the payoff is 2500 (1000 more than I borrowed)

[Flamingo]

See my response to you in the Chapter 13 forum. Try not to make multiple postings in multiple forums as it can cause confusion among those responding.