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

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car wrongfully repossesed after a chapter 13 was filed

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  • car wrongfully repossesed after a chapter 13 was filed

    So we had a previous chapter 13 we had dismissed in September because we had changes in our circumstances our attorney felt it best to allow the original bk to be dissmissed and to file a new one. Before we could refile the bank received the information that our case was dismissed and sent out an order to have our vehicle repossed. When we learned this we quickly refiled to prevent the vehicle from being repossed. We signed papers on Thrusday, our Attorney filed the papers on Friday afternoon and contacted us with our new case number. We tried several times on Friday and Saturday to contact the bank with the new case information but for some reason their automated system kept dumping the calls. We were unable to get a hold of them at all. Sunday night when of course the attorney is closed, the bank is closed, And the courts are closed so their is no one we can contact to prove our right to retain the vehicle and the towtruck shows up and hooks up our truck and refuses to have his office check into the new bankruptcy claim even though I am sitting their trying to hand him a letter with all the information needed for the case. Most of these companies have access to look up current bankruptcy filings. This is my husbands work truck and puts him in a difficult place for work tomorrow. I am trying to feel confident my attorney will get it all handled in the morning but I am incredibly angry. I would think they should be required to check for new bankruptcys before precedd, I guess I am just looking for reassurance that we will get our vehicle back. I wish there was something we could do further like file a claim against these guys for the stress they caused but I doubt we have any recourse but to simply be happy to have our vehicle back unless my understanding is wrong and we don't get our vehicle returned to us. I hope I am right because my husband was livid and the only way I could get him to back down from arguing with the guy trying to reposses our truck was to reassure him we would get it resolved Monday!

  • #2
    You will get it back, but I don't know how long it will take. I'm sorry to read about this, but this actually happens very often. That is, the bankruptcy filing and the order to repossess "cross" somewhere. You usually need to get in touch with a lender's bankruptcy/retention department before they close for business for the weekend as these are typically only open during normal business hours.

    The silver lining is that since you had a case dismissed in September and haven't had more than 2 cases filed/dismissed in the last year, the automatic stay actually kicked in. It's actually only good for 30 days unless your attorney also filed first day motions (to continue the stay).

    If all goes as planned, the lender should return the car on Monday. I hope this all works out for you.
    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.


    • #3
      Thanks for taking the time to answer and pass on some encouragement! I've spoken to the bank and they apolgized profusely! The thing is we tried calling them several times friday and saturday to avoid this, but their phone system has issues where if too many calls are coming in it dumps you and you can't get through! they offered to have the repo company bring it too me, I chose to pick it up my self because it can be hard on a vehicle being towed, also it could take all day if I wait for them! But alls well that ends well, although I won't feel completely at ease until I am driving it home!


      • #4
        I am very happy to read this.
        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.


        • #5
          Glad it all worked out!
          Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15


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