QUESTION
If my car get repossessed during a chapter 7 bankruptcy without a judgement from the court, do I have any rights?
Asked on Jul 11th, 2014 on Bankruptcy - New Jersey
More details to this question:
Also, the car company said I did not list them as a creditor on my bankruptcy.
8 ANSWERS
In Colorado, a judgment is not necessary to repossess a car. If you are in default, they can repossess it. If you are in a Chapter 7 when the car was repossessed, the car lienholder must return the car to you, even if they were not listed (why would they not be listed?). Your attorney can petition the Court for a contempt citation against the creditor. Most creditors would return the vehicle to you to avoid the hassle.
Answered on Jul 16th, 2014 at 8:22 AM
So did you expect the car lender to know about your bankruptcy by magic? It isn't realistic to expect a lender to obey a court order if it wasn't notified of that court order, and if you did leave off your car note from your bankruptcy, you have no one to blame but yourself. However, if this creditor was listed and is simply blowing smoke that it didn't get notice, you will want to be represented by an experienced bankruptcy litigator about seeking money damages.
Answered on Jul 14th, 2014 at 11:25 AM
Debt Settlement Attorney serving San Diego, CA
at
Law Offices of Kathryn Tokarska
Update Your Profile
The answer depends on more facts about your case and financial situation. Discuss this development with your attorney and if you don't have one go see one. Depending on what is going on there may still be a way to get the vehicle back but there would need to be prompt action. Whether it's in your best interest to get it back and what that would entail is something to discuss with your attorney.
Answered on Jul 14th, 2014 at 4:00 AM
Real Estate Attorney serving Florence, KY
at
Linda S. Novakov & Associates, PLLC
Update Your Profile
Talk to your bankruptcy attorney - if the repossession was in violation of the automatic stay, you have a claim. If you listed the loan, the lender should have received notice.
Answered on Jul 11th, 2014 at 5:45 PM
Probate Attorney serving Friendswood, TX
at
Law Office of Melissa A. Botting
Update Your Profile
This is why it is critical to list all of your obligations on your bankruptcy filing. If you are still in the bankruptcy, you may be able to convert to a 13, have the car returned and start making payments through the 13. If you case has already been discharged, you only have the right of redemption.
Answered on Jul 11th, 2014 at 5:24 PM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
at
The Law Offices of Peter M. Lively
Update Your Profile
Yes. Despite that not scheduling the creditor in your initial filing documents may protect the creditor from sanctions for a knowing and willful violation of the automatic stay at time of repossession, once you provide notice to the creditor that your bankruptcy case is pending it is a separate violation of the automatic stay for the creditor to not return the vehicle to you. You should consult with a bankruptcy attorney familiar with recent case law wherein a creditor was sanctioned for this same type of behavior.
Answered on Jul 11th, 2014 at 5:24 PM
Deborah F. Bowinski
Did you list them? If they were not properly notified of the bankruptcy filing then how would they have known about it? This is not the right forum for personalized legal advice. You may have a claim for the violation of the automatic stay, but if they were not notified that could change things. You should speak to a lawyer as soon as possible. Deadlines can be quite short with repossessed vehicles.
Answered on Jul 11th, 2014 at 4:55 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
In nj yes you have rights. Get with your counsel asap.
Answered on Jul 11th, 2014 at 4:35 PM