repossed car

Did you file a Ch 7 or 13? I know that in some cases with a Ch 13 chances are, you might be able to get your car back. This is a situation that you need to discuss with your bankruptcy attorney. I'm not sure what the new bankruptcy laws are about, but since you had said they don't know you filed bankruptcy, I'm assuming you didn't do a reaffirmation so you could keep your car?

If you are still making payments to the attorney, then he most likely has not filed yet. When he files, the court will issue a stay of collections against the creditor to prohibit them from further collection activity.

However, since the collateral was reposessed prior to the case filing, they did not do anything wrong. If you file a Chapter 13, a bankruptcy judge might be able to issue a "cram-down" order to the creditor, and make them give the car back... but this would only be in a 13 plan.

If you file a 7, I believe your only option would be to a) redeem the vehicle by paying the loan in full, or b) make your past due payments to retake possession, and then re-affirm the remaining balance.

BUT... nothing will happen until a case is filed. The creditor has to give you a redemption period (usually 21 days) before they can sell the car. IF you wait until after the redemption period to file your bankruptcy, they will be able to sell the car (albeit any deficiency balance would be discharged in the bankruptcy).