Posted by: admin in chapter 13 banruptcy attorney on
chapter 13 bankruptcy attorney11 Legal Help! Chapter 13 Bankruptcy and car repossesion?
♥ Crys ♥ asked:


I hired an attorney approx 1 month ago to file Ch 13 for my husband and I. We were behind on the car payments and had no way to catch up. I stayed in contact with the paralegal telling them how crucial it was they get the “automatic stay” in place because my car was in jeopardy. She said she was working and would have it filed this week. Today while I went into a store for 10 minutes, my car was repo’d. I called my attorney and she said uh-oh, we may not be able to get it bac because you haven’t been filed yet. She said if I was filed I’d be safe and they could get it back. In the mean time I have no car, no money and my hubby may lose his job because he has no way to get there. The attorney’s office says we’ll file you in the morning and see if we can talk them into giving it back. I am so confused about this! I thought that we would be protected by the filing bankruptcy, I thought that was the point of it really!? Anyone know anything?
OH and when it was repo’d I had a friend with me. Her husband went to the lot and said he was with me and had left items in there and needed to retrieve them. They said ok, no id nothing! They let him take carseats, diaper bag, my laptop, stroller, and my sirius satellite radio and all the paper work from the glove box. I appreciate my friend getting my stuff, but I am very bothered that they allowed him to get in my car and take all this! Isn’t that in itself illegal!?!?
I hired the attorney to file this THEY are the ones dragging their feet! I did my part, paid the fee provided the info, it was up to them to finish. And The research I have done on the law says they MUST return all your belongings to you and if they don’t they are liable for the replacement cost of them. What I need to know is if this is filed in the morning, then the stay does take effect, will it have to be returned? This is a NIGHTMARE! Don’t tell me how lucky I am blah blah you don’t know what the circumstances are and apparently your not too up on the laws either.