How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37965
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
10097515
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

MY VEHICLE WAS ILLEGALLY REPOSESSED AT 63 DAYS DELINQUENT AS

Customer Question

MY VEHICLE WAS ILLEGALLY REPOSESSED AT 63 DAYS DELINQUENT AS OF 4/4/16 BECAUSE MINI FINANCE DID NOT DEDUCT THE PAYMENT ON THE 4/1/16 AS AGREED AND FAILED TO POST A 37,000 PAYOFF SENT TO THEM IN JANUARY, 2016. MY CAR IS IN ASHLAND AND HAS VALUABLES IN IT SUCH AS LEGAL DOCS AND 18KT GOLD EARRINGS AS EVIDENCE. WILL A CHAPTER 13 ER FILING STOP THE AUCTION OF MY VEHICLE. 1,050 IS THE AMOUNT DUE.
Submitted: 8 months ago.
Category: Bankruptcy Law
Customer: replied 8 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
if emergency bankruptcy stay is my out, then I must get an answer in the next hour. I do not need a bankruptcy advice after 8 am. will need to be at court by 8:00 a.m.
Expert:  socrateaser replied 8 months ago.
Hello, The answer is "yes." In the case of In re Moffit, 288 B.R. 721 (BC ED VA 2002), the U.S. Bankruptcy Court for the Eastern District of Virginia ruled that a creditor that repossesses a vehicle prior to the debtor's bankruptcy filing, does not authorize the creditor to sell the vehicle, without first seeking relief from the automatic bankruptcy stay. You need to make certain that the creditor has notice that you have filed bankruptcy. If the creditor sells the vehicle after receiving notice, it can be held in contempt and/or sued for damages caused by the illegal sale. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

Related Bankruptcy Law Questions