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William B. Esq.
William B. Esq., Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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I filed chapter 7 may 2nd. My credit union is now petitionng

Customer Question

I filed chapter 7 may 2nd. My credit union is now petitionng me to pay legal fees . The car has been picked up, i have the certificate, howerver they just filed for the motion. What do i do?
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you today.

William B. Esq. :

If I understand you correctly, you filed for a Chapter 7 bankruptcy, which included a debt for an auto loan. The lender has reclaimed the car (hopefully under the authority of the Court), and is now claiming that you owe them legal fees for the enforcement of the loan.

William B. Esq. :

The lender is not entitled to legal fees due to your Ch. 7 filing. If they ask for fees they are violating the "automatic stay" that goes into effect when you file a bankruptcy, and only ends when the bankruptcy is complete (including the discharge of all of your included debt).

William B. Esq. :

If this lender is engaging in this practice, they are risking sanctions from the bankruptcy court. If this does not sound right (or if it appears I have misunderstood, please let me know and I will follow up).

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 4176
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thank you! Actually they retrieved the car this past monday , i do not think they has release from the court . I have a dsye to appear on july 9 th must i go
Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

If the creditor took your car from you after you filed for bankruptcy, they can be in significant trouble with the bankruptcy court.

(You would need to have notified them ahead of time by naming them as a creditor in your bankruptcy petition).

If this is the case, I would advise at least trying to talk to a bankruptcy attorney. The recovery value of an automobile would probably make up the price of consulting with an attorney.
Customer: replied 1 year ago.
?
Expert:  William B. Esq. replied 1 year ago.
If the lender took your car (repossessed it) on Monday without a court order, they will be in violation of the "Bankruptcy Automatic Stay".

If you wrote down on your bankruptcy petition (when you first filed back in May) that you owed this lender money for the car, that will make this even more severe. I would advise retaining an attorney - you may be able to get your car back.

If I have the facts in your matter wrong, please let me know.
Customer: replied 1 year ago.
No the facts are correct. Do i need yo appear at the july court date then?
Expert:  William B. Esq. replied 1 year ago.
Yes. But I would still go see an attorney first.
Customer: replied 1 year ago.
Even if i dont want the car back
Expert:  William B. Esq. replied 1 year ago.
D noto
I do not have the details on your court date so I don't want to give you that kind of advice, You may not need to appear, but in most cases you will want to show up as you have significant legal rights at stake (I don't know if there is any deficiency claim on your car loan in this case).
Customer: replied 1 year ago.


I understand your position. I was not deliquent on my car until after filing. I did pay 100.00 last night to a bk attorney, who stated what you did, however, I do not have peace about this, due to lack of understanding the legalities of it all. I do not want the car back, I have purchased a different car. I just so not want to be in contemp of court nor end up having to pay the legal fee's to the CU attorney.

Expert:  William B. Esq. replied 1 year ago.
I would rely on your local attorney regarding the need to appear at your upcoming Court Hearing. The exact nature of the hearing and what is being argued makes a big difference as to whether or not you must appear.

If you decide to retain an attorney, your attorney will be able to make the appearance on your behalf - you should not have to show up.

The difficulties with separating pre-filing and post-filing debts and payments can be complicated so it is not unusual to feel uncertain in the process, but your local attorney should be able to explain what is going on until you are comfortable.

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William B. Esq.
William B. Esq.
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1983 Satisfied Customers
Civil litigation attorney for individuals and businesses.