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Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Ive filed for bankruptcy, but I want to keep my vehicle.

Customer Question

I've filed for bankruptcy, but I want to keep my vehicle. The company who owns my car note has stated that they have to get permission from the court to take the vehicle, but that if I make a regular payment plus and additional $100 each month starting on October 15th, in February 2014 they would review my account for a deferment which would push my late payments to the end of the loan. When would the court hear their request to repossess the vehicle? Am I causing myself a problem by agreeing to mke a payment now when I don't have to?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 4 years ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

What chapter bankruptcy did you file?
Customer: replied 4 years ago.

I filed chapter 7

Expert:  Ellen replied 4 years ago.

Thank you for your response

It appears that the company is acting in an unlawful manner by contacting you and attempting to collect the debt while you are in bankruptcy. You may consider asking the court for damages.

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 - Including threats to repossess the vehicle.

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.

I would be glad to continue our conversation and respond to any follow-up questions that you may have.

Customer: replied 4 years ago.

I contaced them since Im trying to reaffim the debt. I just wanted to know what was the legal implications to setting up payments now that ive filed. But I did iniate the contact.

Expert:  Ellen replied 4 years ago.

If you set up the payments as part of a reaffirmation, you will be liable for the debt regardless of the fact that you filed bankruptcy. They cannot repossess the vehicle without court consent. The procedure to obtain consent typically takes about 40 days
Expert:  Ellen replied 4 years ago.

How are things going? Is there anything else I can help you with?