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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Our car was repossessed on Wednesday night this past week.

Customer Question

Our car was repossessed on Wednesday night this past week. We do have a bankruptcy waiting to be discharged but the lawyer stated the car was only listed as an asset not as a discharged debt, as we told him we did not want it included in the bankruptcy. We had lost our business of 10 years last December and had to relocate from Michigan to Florida for new jobs. We had fallen a little behind on payments. When the car was taken we were 80 days past due and were just getting ready to make another payment yesterday. Ford Credit had accepted a payment from us in May. They would not let us catch up on the payments and get the car back. They stated that no one sent them a letter of intent, which we knew nothing about. This was a leased vehicle and the lease was due to be up in September. Is this legal, is there anything we can do?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

You may petition the bankruptcy court to award you damages for the lender's violation of the automatic stay.

The automatic stay of the bankruptcy court prohibits any action against the debtor outside of the bankruptcy court. Once a bankruptcy has been filed all collection action must cease.

Once a bankruptcy is filed, the automatic stay of the bankruptcy court is in effect Bankruptcy Code regarding the automatic stay. 362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.

Customer: replied 5 years ago.
The dealer stated they sent a letter to ask about intent. We never received such a letter. Does this matter?
Expert:  Ellen replied 5 years ago.
Actually it is irrelevant whether they sent a letter. You need to ask your attorney to file a petition with the court for damages regarding violation of the automatic stay
Customer: replied 5 years ago.
I just asked this, but do not know if it went through, so I am trying again.

I would like to ask the court for this to see if it works before I accept answer, is this okay?
Expert:  Ellen replied 5 years ago.
Customer: replied 5 years ago.
So even though our bankruptcy lawyer said the car was listed as an asset and not included in the bankruptcy, but Ford said it was in bankruptcy, will this still stand up in court?
Expert:  Ellen replied 5 years ago.
yes -- My answer stands
Customer: replied 5 years ago.
I talked with my lawyer today and he said because this was a leased vehicle, there is a law about something on that, he called it something but I cannot remember what he called it. He said the company had every right to take the vehicle because we were 80 days past due on the payments. He also said it would cost us more money to him to file this. I cannot accept your answer because I am so confused and being told two different things.
Expert:  Ellen replied 5 years ago.
My answer was correct. your attorney is choosing to not file the motion based upon cost.
Customer: replied 5 years ago.
Is this something we can do ourselves? How much does this usually cost? He told me you were wrong and asked me if I told you it was leased and we were behind in payments. I don't know what to do? What would we get out of filing for damages?
Customer: replied 5 years ago.
Are you still answering my questions, I just sent another, but I got an email implying that you may not be answering?
Customer: replied 5 years ago.
Actually, the email stated to ask more questions if I needed to do so before I requested a refund, which I want to know more. I am so confused. Please help.
Customer: replied 5 years ago.
I asked another question but have still not received an answer?
Expert:  Ellen replied 5 years ago.
I am no longer answering your questions -- I have opened your question up if someone else would like to try
Customer: replied 5 years ago.
Can you tell me why?

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