QUESTION
Can the lender still repossess my car while making payments to my attorney?
Asked on Jul 15th, 2014 on Bankruptcy - Virginia
More details to this question:
I'm making payments to my lawyer so that I can file bankruptcy. My question is, can the lender still repossess my car while making payments to my lawyer? I only ask this because when I gave the lender my lawyer's number, I haven't heard from the lender since but they did tell me I was still at risk of a repossession. I'm 2 months behind.
18 ANSWERS
Yes. If you have defaulted on a debt secured to a vehicle, the lender can repossess the vehicle. The filing of a bankruptcy petition will stay the repossession and collection.
Answered on Jul 23rd, 2014 at 3:10 PM
If you intend to keep the car, you have to make payments. Car loans are secured, and you either give up the car or make payments. Your lawyer should have told you that.
Answered on Jul 21st, 2014 at 10:06 AM
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
If you are not making your payments as required the lender may repossess the car. After the bankruptcy is filed the lender may repossess if you do not file a re-affirmation agreement although they need to ask the court for permission.
Answered on Jul 18th, 2014 at 4:34 AM
Bankruptcy Attorney serving Santa Rosa, CA
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Law Offices of Craig Burnett
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Are you serious? Hiring a lawyer does not excuse you from making car payments. Of course the lender may still repossess your car unless and until your bankruptcy petition is filed first.
Answered on Jul 18th, 2014 at 4:32 AM
Paying money to a lawyer who may someday file a bankruptcy for you upon completion of paying legal fees and court costs to go into bankruptcy doesn't provide you with the protection actually filing bankruptcy does. In fact, telling the lender that you have hired a lawyer only acts to let the lender know that it should try to take the vehicle before you have all the funds to file bankruptcy, rather than working with you.
Answered on Jul 18th, 2014 at 4:31 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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The only way to prevent repossession is to work something out with the lender or to actually file a bankruptcy. By the way, you are paying your lawyer for advice on this situation, s/he should be answering this question for you AND giving you advice specific to your situation which should be better than any answers given on an online forum where the people answering the questions don?t have all the facts! Call him or her.
Answered on Jul 18th, 2014 at 4:29 AM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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Paying an attorney does not prevent a creditor from repossessing a vehicle. Actually filing the Bankruptcy petition does, at least temporarily. Holding on to the vehicle long term is a separate conversation.
Answered on Jul 18th, 2014 at 4:27 AM
Yes, they can repossess the car, until you file BK.
Answered on Jul 18th, 2014 at 4:27 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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If you are in default and have not yet filed a bankruptcy petition, the lending can legally repossess your vehicle. You should discuss this matter with your attorney.
Answered on Jul 18th, 2014 at 3:58 AM
Probate Attorney serving Friendswood, TX
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Law Office of Melissa A. Botting
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Yes, until you actually file bankruptcy, you do not have any bankruptcy protection.
Answered on Jul 18th, 2014 at 3:58 AM
Domestic Law Attorney serving Vista, CA
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Ralph L. Williams
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Answer: Until your bankruptcy is actually filed the lender can repossess your car. If you want to keep the car you must keep the payments current to the lender unless you have some agreement with the lender to defer payments.
Answered on Jul 16th, 2014 at 8:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, for a number of reasons. Speak with your lawyer.
Answered on Jul 16th, 2014 at 8:07 PM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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The Law Offices of Peter M. Lively
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Yes. Unless you have a written agreement with your lender waving the default for non-payment or an automatic stay in bankruptcy, your vehicle is subject to repossession while your payments are not current.
Answered on Jul 16th, 2014 at 8:06 PM
Secured payments must still be made in BK unless you want to surrender the car. Any deficiency can be eliminated in the BK as it is now unsecured.
Answered on Jul 16th, 2014 at 7:58 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Yes they can. I tell my clients that if they plan to keep their car they should make sure to pay the vehicle loan even if it means taking longer to pay me unless there is some other even bigger risk that makes filing the case urgent. Discuss this with your attorney.
Answered on Jul 16th, 2014 at 7:52 PM
Bankruptcy & Debt Attorney serving St. Augustine, FL
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St. Johns Law Group
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Yes, they can still repossess your car. The automatic stay does not go into effect until the day you actually file bankruptcy. If you have an attorney you need to speak with them immediately so they can take steps to protect you. Once your car is repossessed there isn't much anyone can do to get it back...even filing bankruptcy.
Answered on Jul 16th, 2014 at 8:50 AM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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Unless you actually file a bankruptcy petition, there is nothing that prevents a lender from repossessing your car. I would speak with your lawyer and get a petition on file ASAP.
Answered on Jul 16th, 2014 at 8:35 AM
Yes, you are not in an active Bankruptcy and so have no protection.
Answered on Jul 16th, 2014 at 8:15 AM