Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Reposession, Eviction..Devistation

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  • Reposession, Eviction..Devistation

    Wits End,

    Can't eat, can't sleep, can't stop crying....

    First things vehicle was repossessed 10 dsys ago. This is my Only form of transportation and my job is an hour away from where I live and in a very rural area of town. No public transportation available. Yesterday I was Terminated due to the fact i could not get there the past week.
    Just today I learned I'm being evicted on 9/30/17 as my roommate had not been paying the rent. I have of a total of $800 to my name.
    Chapter 13 is what i was Going to file in order to try & get back my truck, that's not an option now. My credit is horrible I cannot qualify for an apartment or another vehicle (don't forget jobless). Aside from the ex-roommate I know no one & Cannot posdibly move all the furniture etc. By Myself!
    I have an appointment with attorney tomorrow to discuss chapter 7. If I obtain his services I'll have no money left & still owe him. Only owed $2500 on the truck, now is $3500 with repo fees the dealers not willing to work with me.
    Jobless...Carless...Soon Homeless.....
    I have paid more equity than the trucks current value as it's an "07" with 145,000 miles....... HEEEELLLPPP Please

  • #2
    A Chapter 7 filing could certainly get your car back (if it's not yet sold) and stay any eviction proceedings brought by your landlord (assuming that the judgment for possession has not already been entered). A pro-se filing will cost a lot less than $800. The problem is that if your job is already lost, and the employer won't work with you, then bankruptcy may not bring relief for long enough to help you get back on your feet.


    • #3
      This is a time that you may need to lean on friends and family. As suggested by bcohen, the car "may" be recoverable in some States prior to the sale.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.


      • #4
        Thank you for replying...Friends I have none, that's the price of being a loner. Is there anything you know of in a Chap 7 that if the lender sells the vehicle since I have over $6000 invested in it & at high Kbb value its at $5600. $3500 so far is owed to lender & that includes the repo fees. am i able to keep it under the bk ? Im not upside down? I Really need it. I hve no way to move my belongings & honestly I've not been w/o a car since i was 16. It's like taking my legs from me! Being that $800 is all i have if i cant get it back I dont see the reason to file bk least not right now. Ive been reaserching both 7 & 13, I thought i read somewhere if you have equity u can end up not oweing at all???? Unsure bout that 1....any 1 know??? I forgot to mention Wage Garnishment I have also from a student loan I signed for my son who hasn't paid on it....Its well over $100k......
        Last edited by moonshawna5; 09-10-2017, 09:48 PM.


        • #5
          If your bankruptcy court allows, a bankruptcy can typically recover a repossessed car so long as it has not yet been sold at auction. Time is of the essence. (There are differences in what you could do with a Chapter 13 versus a Chapter 7, because a Chapter 13 can cure "any" arrearages, but a Chapter 7 would only delay things.) As for what you could recover for sale, there is nothing. The lenders, under State non-bankruptcy law, sell the vehicles at an auction. You would not get private-party or trade-in value at an auction. The lender has no obligation to try to sell it for as much as it's worth.

          The student loan is not going to go away as those are non-dischargeable. You are going to need to find new employment, especially if you want to be in a Chapter 13.

          You are going to be in a rebuilding phase.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          I am not an attorney. Any advice provided is not legal advice.


          • #6
            Ok.....Looks like it'd be wise to hold off on filing bk all together & keep that money...going to need that & then some!!! The payday loans now have my banking info...they're actually Auto Registration loans & theyre going into default this week, can they garnish wages for repayment? What am i gonna do w/o a car. U know how difficult it'll be looking gor work with no transportation...OMG
            Once again I Thank you for taking the time to help. Muchas Gracias


            • #7
              I have never heard of "auto registration loans", I assume that these are actually title loans, which provide the lender with a lien on the vehicle itself? If that is the case, then the truck is probably a lost cause, although a Chapter 7 filing could get it back for the duration of the case, though it will be taken again once the automatic stay is over.

              You should close any bank accounts which were used to apply for, or pay towards any payday loans, title loans, or other debts. If your rent is behind, and you won't be able to bring it current, you should also not pay anything else toward this lease, and try to sell as much of your stuff as possible, for whatever you can get prior to the move-out date. If you file for bankruptcy, the automatic stay will buy some time here as well.


              • #8
                Also check with some local churches and see if they can help you in any way with your housing situation. Look into an emergency filing as well or see if your state has some type of legal aid to help as well on the bankruptcy or legal part.


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