reposession of car

Unfortunately if it was part of the bankruptcy, there is nothing you can do to get it back. It was obviously written off as part of the bankruptcy. I had a relative of mine just go through bankruptcy, they came and got her car as soon as the bankruptcy started. Fortunately she had a family member willing to buy her a cheap used car and finance it for her until she can get on her feet. Some states also have free used car programs where cars are donated so that they can be given to people who qualify; it might be worth researching.

What kind of BK did you file? If it was a Ch 7, you would have reaffirmed the car loan in order to keep the vehicle...your atty should have advised you of this especially if you wanted to keep it. But after the Ch7 has discharged and you arte defaulted, they can repo at that time as well.

sherri-creditors are not supposed to take action during a BK filing until the discharge hearing. Example, a BK filing can prolong or halt a foreclosure until the discharge. Not sure why the company would come take you relatives car as soon as she filed.

They repossessed it because she was behind on the payments and she was not affirming the vehicle as part of her bankrupcy. Therefore, they have legal right to pick up the vehicle.

Then that makes sense if she was behind on the payments...sorry must have missed that part on your posting :)

Relted bankruptcy question: My lawyer asked if I wanted to keep my car; filed Chapter 7 (2005). I said yes. My loan is being handled by Chase Auto Finance Backruptcy Dept. I inquired with Chase if I could voluntarily surrender the car; they said yes. I asked to speak to someone in Management, they confirmed. Chase also told me that I would not be liable for the balance of the loan. Sound straight?

hvn, that sounds right to me. If you listed the vehicle on the chapter 7, and reaffirmed it and are still making payments, but now want to surrender it, Chase is right. You should be able to completely surrender the vehicle with no further liability. :)If you want clarification, give your chapter 7 lawyer a call.

I have a call into him; however his wife had a baby and he's in and out (more often out. Smile) of the office. Thanks !!

I don't think you have anything to be worried about. This happened to my friend when she did a chapter 7. She kept her car for a year or so and then surrendered it with no problem. Hang in there :)