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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2540
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I filed BK 7Mths ago to stop a repo on my only car. My case

Customer Question

I filed BK 7Mths ago to stop a repo on my only car. My case was dismissed because at the time I was not working and could not find a job. The auto lender has summoned me with a foreclosure letter and I have 7 days to respond. If I don't respond, the court will issue a writ of possession. I no longer live at the address the civil papers were delivered to as I had to move with family. I am now interviewing for jobs and should land something soon. It is my understanding that I must file BK before the writ of possession is issued or I will not be able to stop the lender from taking my car. Because I filed once, I know I will only be granted a 30 day stay, so I am trying to be careful with filing again. Once I am offered employment, that is when I am going to file, but how can I stop the writ of possession? Should I file now before the 7 days are up and pray I land a job within the next 30 days? I reside in Ga.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.
You must be able to show the court and creditors a positive change in circumstances to extend the automatic stay past the 90 days. A job would definately help. you must also show a feasible repayment plan as well. From the cases I have seen, these motions are often granted with no opposition. Hopefully you get a job quickly, as you must comply with an order for possession/ replevin, otherwise you could be help in civil contempt of court. Get with your lawyer asap to have the case ready to go when you get the job.
Customer: replied 5 years ago.

 

So, it is true that once the writ of possession is issued, me filing a chapter 13 will not cease the order? Once the writ is issued, I must turn over the vechicle, correct? I have not been granted a hearing for court or anything. The notice I received states that I must answer the civil papers. So when you say I will be in contempt of court, will they issue a warrant if I don't answer within the 7 days?

Expert:  Terry L. replied 5 years ago.
It actually would stop the collection action. It sounds like the case is just beginning, since you have to file an answer. The hearing hasn't been held. You need to file the bankruptcy ASAP, or else file an answer and try to draw out the case until the bankruptcy is filed. Depending on your state and the wording of the order will depend on the time frame you need to otherwise surrender the vehicle. Read the summons to determine consequences of not answering the complaint. In some cases, you must answer and appear in court, in others, you need to file a written answer, and sometimes, you do not have to do anything, and can let them obtain judgment. The language on the summons should set it out clearly. The other option, is to let this car go, perhaps file chapter 7 and discharge it completely and go get another car. Cars are depreciating assets, and you will be paying on this one thru the chapter 13 for the next 3-5 years. Depending on your other assets and other variables, chapter 7 might be something to look into. As always, you should seek out a local attorney to help you with both the summons and the bankruptcy case options. Best of luck.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2540
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank You. This is exactly what I needed to know. You have been great! I am totally confused and unsure of what direction to take. You have been prompt and extremly helpful.
Expert:  Terry L. replied 5 years ago.
You are welcome. Most bankruptcy attorneys offer free consultations, so I would start with that.

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