QUESTION
Can a financial company pick up a car even if bankruptcy hasn't been approved but filed?
Asked on Feb 22nd, 2017 on Bankruptcy - Oregon
8 ANSWERS
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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The company may have violated the automatic stay by taking actions to collect on a debt. Your bankruptcy attorney should be able to help you with this.
Answered on May 09th, 2017 at 7:23 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Bankruptcies are not 'approved' as such. Once you file your petition, you are immediately protected by the 'Automatic Stay' of Bankruptcy, which means that virtually every effort to collect from you on a pre-petition debt is prohibited. A knowing violation of the automatic stay can be held to be contempt of court. You should ask your lawyer to file a Motion or an Order to Show Cause to have the car people held in contempt.
Answered on May 09th, 2017 at 7:47 AM
Once a bankruptcy has been filed, a vehicle lender would need a lift stay order to pick up a car. If this did happen, your attorney may seek for the return of the vehicle and money damages from the lender.
Answered on May 08th, 2017 at 2:27 PM
Once your BK case is filed, creditors can not take any legal action without the court's permission.
Answered on May 08th, 2017 at 2:27 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Generally, no, a lender can't repo a car while you're in bankruptcy but they can under some circumstances. For example, if you're behind on payments and didn't do a reaffirmation agreement.
Answered on May 08th, 2017 at 2:26 PM
No, they can not do that it is called the stay protection.
Answered on May 07th, 2017 at 6:24 PM
If the payments are not made, the car can be repossessed since it is a secured debt.
Answered on May 07th, 2017 at 6:23 PM
No, if your bankruptcy has been filed, they would need to get permission from the bankruptcy court to repossess the car. If they already did, you can get it back from them. Talk to a bankruptcy lawyer to protect your rights.
Answered on May 07th, 2017 at 6:23 PM