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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Unhappy Auto Repo During Chapter 13 Bankruptcy

    We have filed for Ch. 13 a couple of months ago and decided to keep paying on our vehicles but since then finances have become really tight and we can no longer make the payments. We are being threatened with a repo. does our bankruptcy protect us from being sued for the car? We have no money for even our heating oil for the house so I can't come up with the two payments that we are behind.

  2. #2
    Join Date
    Jan 2008
    Location
    Alabama
    Posts
    114

    Default Re: Auto Repo During Chapter 13 Bankruptcy

    talk to your attorney about this. Even if you were paying for this vehicle outside of the plan I believe the automatic stay still applies to that creditor, and before they could take any repossession action I believe they would have to obtain relief from the stay. If you are willing to let the vehicles go since you can't make the payments, then once the creditor takes possession and sells the vehicles, and deficiency balanace would become an unsecured debt and then would be paid at whatever percentage your unsecured creditors are receiving. They should not be able to sue you for it outside of the Bankruptcy. Again talk to your attorney, they will know exactly what has transpired in your case and what options you may have.

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