Bankruptcy Law

Bankruptcy law questions? Ask a bankruptcy lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I think this is the right area, and not Consumer protection…

Customer Question
Hi! I think this is...
Hi! I think this is the right area, and not Consumer protection as it relates to my question. BRIEF HISTORY: I have always had 700+ credit, never missed a payment, until my neighbors home was in a fire in March. My overhead increased, my bills backed up, I am partially disabled, and this morning, I went downstairs and found that my car had been reposted after 4 missed payments. I never received a default notice an email, as I am paperless, a phone call or anything in the mail. So to say I am in shock is putting it lightly. My wheelchair placard is in the car, along with other medical documents, I am not sure whether I will have to proceed with bankruptcy ... but I do not know what my rights are given that I had no certified default and I really need my medical information from my car
Submitted: 9 months ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 13 minutes by:
9/25/2017
Bankruptcy Lawyer: Barrister, Attorney replied 9 months ago
Barrister
Barrister, Attorney
Category: Bankruptcy Law
Satisfied Customers: 42,151
Experience: 17 years practicing law. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

I am sorry to hear that this happened to you, but legally the creditor can repo the car if any payment is even one day late... So legally they are within their rights to repo it if you are that far behind. They are not legally obligated to give any prior notice before repoing under the law as some debtors would try to hide the vehicle if they had a "heads up" that the repo man was coming...

.

However, they have to now notify you in writing and CA law protects your right to reinstate the loan even after repossession, until the property is sold or otherwise disposed of. California Civil Code forces the lender to reinstate your loan if all past due amounts are paid.

.

The repossession agency has 48 hours to give you a Notice of Seizure that provides you with the name and contact information of both the legal owner and the repossession agency. Under California law, the lender needs to serve you (either personally or by certified or first-class mail) you at least 15 days’ written notice of intent to sell the vehicle.

.

This Notice of Intent to Sell must be served within 60 days of repossession, and gives you the right to ask that the lender delay the sale for 10 day

.

You must also be given an Inventory of Personal Effects that includes a list of your personal property in the vehicle when it was taken, as well as information about how to recover your property and the amount of storage fees. The repossession agency must store your items for 60 days, after which all unclaimed property can be discarded.

.

.

thanks

Barrister

Ask Your Own Bankruptcy Law Question
Bankruptcy Lawyer: Barrister, Attorney replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Bankruptcy Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a bankruptcy lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Bankruptcy Law
Satisfied Customers: 42,151
42,151 Satisfied Customers
Experience: 17 years practicing law. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,718 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

513 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
Car dealer was about to repo its car when received notice
Car dealer was about to repo its car when received notice that car buyer filed for bankruptcy. Can dealer go through with the repo?… read more
Lori
Lori
Juris Doctor
1,587 satisfied customers
Time limit on Reaffirming Car in CH 7. Work with bank to
Time limit on Reaffirming Car in CH 7.Work with bank to reaffirm car. Meeting on 5.18 and still working with bank. When would be the time limit on when I would need the reaffirm in by?… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,718 satisfied customers
This question is intended for a bankruptcy attorney since Tax
This question is intended for a bankruptcy attorney since Tax attorney's are not listed as an option . . . but the site is not taking any of my questions, despite my subscription After countless hours… read more
jgordosea
jgordosea
Enrolled Agent
Bachelor's Degree
43 satisfied customers
What doctrine, code or otherwise is it that allows a Federal
What doctrine, code or otherwise is it that allows a Federal bankruptcy judge to hear a wrongful foreclosure when the real property was taken by way of fraud and the property was an asset in the bankr… read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
Law Educator, Esq. (ONLY) (This is on the counterclaim) Is
Law Educator, Esq. (ONLY) (This is on the counterclaim) Good morning, Is this my first Count title too long? FIRST COUNT - Abuse of process by committing fraud upon the court and torts in violation of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
IRS notice received. I owe over $13,000. I am retired on
IRS notice received. I owe over $13,000. I am retired on $1700 soc security benefits. I plan to file Ch 7. I understand the rules regarding this, except for one, which I hope you can help with. … read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,718 satisfied customers
I trying the find where in the bankrupcty code does it
I trying the find where in the bankrupcty code does it clearly states that a chapter 7 bankruptcy must remain on one credit report for the maximum of 10 years. … read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
I live in md and am currently in a chapter 13, i make timely
Hi I live in md and am currently in a chapter 13, i make timely payments to the trustee but I am behind on my regular mortgage payment. I just received notice that my mortgage company once to proceed … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
Law Educator, Esq.(ONLY) (This is on the Affirmative
Law Educator, Esq.(ONLY) (This is on the Affirmative defenses)Good day, There are several activities on the foreclosure matter. (1) The Court gave judgment on my Objection to motion to strike that I m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I received a Notice of assets, notice to creditos and other
I received a Notice of assets, notice to creditos and other parties in interest of the need to file claims from my previous employer who owes me back pay. what does this mean? how do I get my back pay… read more
Barrister
Barrister
Attorney
42,151 satisfied customers
Law Educator, Esq. (ONLY) (On the Counterclaim) Should I use
Law Educator, Esq. (ONLY) (On the Counterclaim) Should I use SECOND COUNT – COUNTERCLLAIM DEFENDANT COMMITED FRAUD TORTS AND IN VIOLATION OF 2005 CONNECTICUT CODE -SEC. 53A-155(A) (1) (2) (B) Or SECON… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Received a notice of automatic dismissal without the entry
Received a notice of automatic dismissal without the entry of a discharge. for failure to file documents. a/b, D, E/F,I,J,J2,statement of your current monthly, income BUT I filed these forms but at 2 … read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
Case and I lost motion and the creditor won the relief of
case and I lost motion and the creditor won the relief of stay and I filed a appeal within the 14 days that was allowed per bankruptcy code I appealed to the us bankruptcy district court i received de… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,848 satisfied customers
Rule 1009 all petitions, lists and scheduled statements and
Rule 1009 all petitions, lists and scheduled statements and admendments should be verified or contain unsworn delcaration to filed what is this… read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
I filed bankruptcy and just received a notice saying
hello. I filed bankruptcy and just received a notice saying sheriffs notice of bankruptcy procedures. pursant to a creditors instructions under a writ of execution , the sheriff levied on and is curre… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
In the Utah code you sent me it states: 75-7-501 Rights of
In the Utah code you sent me it states: 75-7-501 Rights of beneficiary's creditor or assignee. "To the extent a beneficiary's interest is not protected by a spendthrift provision or Section 25-6-14, t… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
I received notice from the Trustee of an "Order Striking
I received notice from the Trustee of an "Order Striking Filing For Failure To Comply With Required Procedures".I believe the problem is with a creditor who had an undeliverable address, however, I ha… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
I received a notice of bankruptcy from my ex husband. I am
I received a notice of bankruptcy from my ex husband. I am named as a creditor who has unsecured claims. It is domestic support obligation. Do I have to fill out the proof of claims form? If so what d… read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x