QUESTION
1) can credit card collectors collect on a dismissed chapter 7? 2) how long does it take for reposession?
Asked on Aug 21st, 2012 on Bankruptcy - Kansas
More details to this question:
I live in kansas, filed bankruptcy started in Novemeber 2008 I actually made my last payment February 2012. I just could not afford to make the bankruptcy payment and pay for healthe insurance. My lein hold on my car sent me a letter to reposess in June, I spoke with them and told them to do a voluntary reposession because I do not have the $2000 they want for me to keep it. I never received the paper work, so I called them to see what they were going to do. They gave me until Aug. I told them I do not have it come get it. I received a letter from a debt collector stating that the case was too old to take to court and that I needed to make arrangements to pay. Again I called the car company, to this day they have not come to get this car. I don''t want to insure it and tag it to come out from work and it be gone. What should I do?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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Your facts and questions are confusing. You don't make payments in a Chapter 7 case, so I'm assuming you meant Chapter 13. When you say your case was dismissed, do you mean you received a discharge, or that your case was actually dismissed? Big difference. If your case was dismissed, it's as if you never filed it so your creditors can pursue whatever legal remedies are available which, for a secured creditor on your vehicle, includes repossession. How long it takes them to do that depends on them and the laws of your state.
Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter: @bklawr
Answered on Aug 21st, 2012 at 8:41 PM