have car that i filed bankruptcy on now the repo man is looking for it . what recorse does the bnk have?

Answer 1

If you filed for bankruptcy, you are protected by the "automatic stay" and the repo man can't get it. If he takes it, he must give it back.

The bank or finance company is not without remedies because they can file a motion for relief from the automatic stay to allow them to repossess the car. If they do, you must file a responsive pleading or they will get an order by default to allow them to repossess the car. Discuss with your lawyer.

If you need your car to get to work so that you can pay your bills, you should consider signing a "reaffirmation agreement."

I hope you are represented by legal counsel and can discuss this matter with him or her.

Answer 2

Depends on a few things but there are a few possibilities. Have you just filed? If so everday you have it the interest costs are racking up and that interest rate can in some cases double. The company if they have to do a repo can charge a whole lot extra in costs associated with the repo. If the repo man messes the vehicle up well those damages are yours. They may sue you first. The rules have changed and have always been similar. You might claim bankruptcy and still have to owe some money. And retaining the vehicle after you have filed will make it sure court will not go well. The judge could deny the banruptcy. If you have already gone through the process (or in some cases you have not) they can simply report the vehicle as stolen. Or before all of this freeze your bank account (even if there is nothing in there) and then good luck on opening another one. Then your credit is messed up. You may open one after a bankruptcy but the account freezing is another thing. They might start the whole court thing before you are able to go to court so then you have to attend regardles. If that happens there will be a myriad of things to clean up. So best to turn it in.

Answer 3

In most bankruptcies, you are required to list all that are included under coverage of the bankruptcy. These people have the right to be at your hearing to dispute or try to make a claim against you. In the interim, I am not sure if they can make collections in the manner you describe. Ask your attorney.