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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hello, I live in Delaware. My car is has a repo order and

Customer Question


I live in Delaware. My car is has a repo order and I have filed Chapter 7. I am trying to inform Mr. Repo that the vehicle is to be released. I called the bank, repo company, and the division of the bank gave the case information. What gets done now? As far as regaining the car as soon as I can. My daughter is to be in NY to spend the summer with her family and that is my way of getting her there or risk the Ex calling the police. I have the info I need is there a way to present that to him, Delaware is small and I have actually seen my car already he just does not know that.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.
Hi T. milton,
1) Was the car repossessed before or after you filed?
2) Did an attorney file for you, or did you do it yourself?
Customer: replied 7 years ago.
It was repossed before and I was told Chapt. 7 needed to be done before auction. Myself I am recently layed off
Expert:  cfortunato replied 7 years ago.
Is an attorney handling your bankruptcy for you, or did you file it yourself?
Customer: replied 7 years ago.
I have to handle it myself unfortunately
Expert:  cfortunato replied 7 years ago.
First, I want to say that you should be congratulated for doing it on your own!
Then, you should know that since the car was repossessed before the filing, the only way a trustee will try to get it back is if the car has enough equity to sell it to pay off the other creditors. Or, if not enough equity, if you can prove that you are able to pay the arrears owed on the car and also the payments going forward. If this is the case, you would have to file a "Motion to Compel" with the bankruptcy court clerk.
However, the court will not get back the car for you if you cannot pay for it.
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Customer: replied 7 years ago.
Even though they have filed nothing with the court? And DMV has no record of anything this is confusing for me because even with all of the research the answer to this is unclear. Some experts in Delaware and in reading on law sites say. The car should be returned to me until meeting with and determined by the trustee.
Expert:  cfortunato replied 7 years ago.
I am going to send this question to the bankruptcy section, just to make sure.

Customer: replied 7 years ago.