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  1. #1
    Join Date
    Dec 2014
    Posts
    5

    Default Can a Car be Repossessed After Bankruptcy if the Lien Wasn't Perfected

    My question involves bankruptcy in the state of: TN

    So I filed chapter 7 bk early this year and was discharged in Oct. When I went to the creditor meeting the trustee said that the lien hadn't been perfected on my auto. And none of my creditor showed for meeting. I haven't heard anything about the car all year and I still have it. So today Dec 24 I got a letter from Chrysler Capital saying I owed them 4300 dollars by Dec 29 or they repossess the car. I don't care if they repo it I'm surprise I had got to keep it this long with it being a 2014. But I want know what I need to do. My lawyer told me before that if they didn't perfect the lien I think he said within 15 days after the creditor meeting the car would belong to the court and could be sold to pay debts off. So with them sending me a paper saying I owe 4300 or they would get it makes me believe they don't even know I have filed a bk and been discharged. Do I call them and tell them or call the court house. I just don't want it be repo by them and then few months down the road someone from the court comes to get the car and I don't have it. What do I do?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can a Car be Repossessed After Bankruptcy if the Lien Wasn't Perfected

    I suggest writing back to the person that signed the letter and say that the loan was discharged in bankruptcy and attach a copy of your discharge papers. You might also remind them that they are violating the US Bankruptcy Code by attempting to collect a debt that's been discharged in bankruptcy.

    At the same time call the trustee and find out if he wants the car. That your lawyer told you it would belong to the court was just general information (which you might just have misunderstood) and does not obligate the court to take it. That means you have to get the yes or no directly from the trustee, preferably on a written document claiming the car for the trustee or waiving it.

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