gravelgirl66 Posted December 7, 2004 Report Posted December 7, 2004 arrghhh this is the 3rd time I have tried to post this...okay>>filing Ch.7 bk next week, but I had to add my car into it (400payments) and honestly not worth the 3K I owe... totally falling apart.Went to local dealership, they said the would in-house finance me since good job/money. they want 2K down. I don't have that so they said the would do "pickup payments" until the down payment was covered then, go month to month (200) I am scared to do anything though b/c of the Bk. won't the trustee find out? or won't it look bad that I am buying something in the middle of BK. I can't hold off the creditors any longer, (trying to garnish) and they are sure to repo my car any day (buy here pay here)but I gotta have a ride to work. can'tput in hubbie name, b/c he doesnt have the income/job so it has to be in my name (they said)help>>>
willingtocope Posted December 7, 2004 Report Posted December 7, 2004 Wait until you actually file. Assuming you've listed the car on your paperwork, that will stop the repo. If you can keep it together until after the 341 meeting, you're options for getting another car will be much better.
gravelgirl66 Posted December 7, 2004 Author Report Posted December 7, 2004 I have been sitting here sweating bullets, waiting for them to get my car from work or something.. Like I walk out and its not their...The Bk will stop the car from being repo'd even from a buy/here pay here place?I am freaking...and my stomach is in knots.Yes I added the car to the BK.Thanks so much...
willingtocope Posted December 7, 2004 Report Posted December 7, 2004 No guarantees, of course, because it depends on how far behind you are on the payments and how nasty the dealer is...but...once you've filed and they've been notified, its against the law for them to repo the car.Chances are a buy here / pay here place is more interested in the money than the car anyway.Have you been contacted by the dealer? Are they hassling you...threatening repo?
gravelgirl66 Posted December 7, 2004 Author Report Posted December 7, 2004 I am a month behind. They call my work, like and say I need to get up there like NOW... to make a payment...I just dodge them.. thank god for caller id.. then I send it to VM.So once it is stamped or whatever, they will send the notice, and then they can't repo it until when?Am I looking at maybe making it to Jan. or so? By then I could probably have some money under the mattress for something else.Thanks so much for your understanding...
willingtocope Posted December 7, 2004 Report Posted December 7, 2004 Highly unlikely that they'll repo for one month late...usually...repeat...usually doesn't happen for 60-90 days. If you file next week, they should get the notice within 10-14 days.Just keep dodging them. You should be okay...
LadynRed Posted December 7, 2004 Report Posted December 7, 2004 Once you file you will get a case number from the BK court. Keep that Case number with you and when the jerks from the dealership call you , give them that case number and they MUST stop harrassing you immediately. If they do not, keep a record of EVERY call after you've given them the BK case number, you could have them charged with Contempt for violating the Automatic Stay.
parko03 Posted December 7, 2004 Report Posted December 7, 2004 Wait until you actually file. Assuming you've listed the car on your paperwork, that will stop the repo. .Huh? If you file for BK, they can't take the car??? How does that work?
Guest jeeptravel Posted December 8, 2004 Report Posted December 8, 2004 The day you file, you begin a wait for your 341 meeting. In that time there is an order for all creditors listed in the BK to cease and desist all contact with the consumer. It is referred to as an "Automatic Stay."In layman's terms, everything stops or "stays" with no payments needing to be made until the case is heard by a judge in the 341 meeting.LADYnRED gave GREAT advice about the case #. You have nothing to worry about once your attorney notifies ther creditor they are listed in your filing. BUT IF YOU ARE STILL WORRIED, might I suggest calling the car financing co. and telling them they are to cease and desist all contact with you until the 341 meeting and give the case #. Let them know you want to work it all out legally and pay what you can while returning the car if need be after the 341.They'll transfer you to the BK dept. and your car will NOT be repo-d. If it is, you have a nice lawsuit against them on your hands.Also, tell them to stop calling your work, that's illegal once they've been notified of the BK filing.Good luck, hang in.jt
willingtocope Posted December 8, 2004 Report Posted December 8, 2004 park: Maybe I should have rephrased that...A BK filing will stop the repo "for the time being". Once the BK is filed, they can't touch the car until after the 341 meeting. If the debt is discharged, they can then repo, unless the car loan is reaffirmed. The good news is that gravelgirl will NOT owe anything further if it is repo'd...and, she'll be in a much better position to get another car immediately.
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