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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2603
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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We just had a bankruptcy discharged which did not include our

Customer Question

We just had a bankruptcy discharged which did not include our vehicles. We made every payment on time. Our vehicle creditor came and repoed one of our vehicles so far because a reaffirmation was not done because the value is less than what we owe. Is this legal. Again we were not late one payment and they confirmed this.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

Hi JACustomer,

Most car loan contracts have a provision indicating that if borrower files a Bankruptcy, the car can be re-possessed.

Does your car loan contract have this provision?

Customer: replied 4 years ago.
I don't see anything stating repoe because of bankruptcy, only default
Expert:  cfortunato replied 4 years ago.
But doesn't it say in the contract that if the loan is in default, the car can be re-possessed?
Customer: replied 4 years ago.
Yes, we are not in default, we have made every payment on time.
Expert:  cfortunato replied 4 years ago.

Because of those contract terms, even though you are not in default regarding the payments, you are in default because you filed a Bankruptcy. That is the reason the car loan company was able to legally re-possess your car.

 

Expert:  cfortunato replied 4 years ago.

Because of those contract terms, even though you are not in default regarding the payments, you are in default because you filed a Bankruptcy. That is the reason the car loan company was able to legally re-possess your car.

 

Customer: replied 4 years ago.
This is not what our lawyer told us he says it's against the consumer protection act.
Expert:  cfortunato replied 4 years ago.

What would you like to know?

Customer: replied 4 years ago.
I would actually like a refund, I'm not satisfied with my answers
Expert:  cfortunato replied 4 years ago.
Okay - I will submit a refund request for you.
Customer: replied 4 years ago.
Thank you
Expert:  cfortunato replied 4 years ago.
You're welcome!

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