bankruptcy

Discussion in 'Credit Talk' started by loveman39, Dec 19, 2003.

  1. loveman39

    loveman39 Member

    if your car have been rep and you plaining on filing bankruptcy in a couple of day what happen to your car do you get it back or they keep it
     
  2. smartuser8

    smartuser8 Member

    well it depends on if your filing a ch. 7 or a ch. 13., in a ch.7 you would have to surrender your car, unless you plan to reaffirm the debt and then you have to pay whatever amount it is that you owe to get caught up so they won't keep your car.

    But the one thing you can do if it's not to late in other words, if your still making payments you can put a lein against your car. You have your mother, someone you can trust besides you put the lein on the car, and the lein needs to be a significant percentage of the value of the car, if the car is worth $5,000, the lein needs to be at least $1,000 or greater, because then the courts won't touch it.


    Need more help, let me know!!!!!
     
  3. jlynn

    jlynn Well-Known Member

    Sounds illegal.

    Or maybe fraudulent is a better word.
     
  4. smartuser8

    smartuser8 Member

    My intention on this board is not to debate or to do anything illegal perios. I've helped people repair their credit and I've had 100% success ratio. I know the work myself in how to repair credit and I know people that work in the credit bureaus and I pay quite a bit of money for several of my attorney's time. So your comment is your opinion which of course you are entitled to. So I will tell you how my attorney's have guided and directed me. I have money and I can afford to do that and there are those people out there that don't know where to turn and don't have money to seek out the answers. Where they find most of those answers is on these forums and with the help of other people, looking up what the laws say, etc, there are many ways to get the information. I enjoy reading what new situations come up because I don't know everything and I learn something new all the time.


    The recommendation I was giving to this individual is a solution not the only solution, and I would never give out any illegal advice or give advice that would endanger someone. I'm not a cold hearted individual that's only looking to hurt someone. There are people out there like that. I enjoy helping people. I dare you to do your research in regards to this individual's particle situation, or have you ever been in that situation yourself.

    My uncle is a bankruptcy attorney and works for a AV rated law firm, so I do have some sense to what I'm talking about.

    Besides I'm not going to debate you on what's right or wrong, it's irrelevant, I'm here to learn, to grow, to help other people that need it, or need to guided or just need a simple answer.
     
  5. lbrown59

    lbrown59 Well-Known Member

    if your car has been repoed and you are plaining on filing bankruptcy in a couple of days what happens to your car do you get it back or do they keep it
    loveman39
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  6. Flyingifr

    Flyingifr Well-Known Member



    It's not the Court that takes the car, it's the first lienholder, and putting a "friendly lien" in second place will not stop arepossession by a first lienholder.
     
  7. Why Chat

    Why Chat Well-Known Member

    The poster said his/her car had already BEEN repossessed.

    The BK will prevent them from filing suit against you for a deficiency balance.

    The car is gone, you will not have to pay for it any more.
     
  8. jb6969

    jb6969 Well-Known Member

    Re: Re: bankruptcy

    When I first read this, I thought the exact same thing. They already have his vehicle, and there was not a BK filing, so they didn't violate any "stays." He just won't have to pay for any of the remaining loan balance.

    I think this original poster wanted to know if he was going to get his car back. In a short answer, no. But, I am curious. What would happen if he(the original poster) re-repossessed his car from the bank? Let's say he knows where the car is and he goes and takes it from the lot....he has the keys afterall. Then he files BK. Is the car now part of his estate? What criminal charges, if any, can be brought against him? Let's assume they came on to his private property to repossess the car, what is wrong with him doing it back?

    Just curious.
     
  9. jenz

    jenz Well-Known Member

    Re: Re: bankruptcy

    the OP would go to jail if he tried to take the car back because that is THEFT.

    also, i would have to check, but i thought you could only have one lien on a vehicle.
     
  10. lbrown59

    lbrown59 Well-Known Member

    It's not the Court that takes the car, it's the first lienholder, and putting a "friendly lien" in second place will not stop a repossession by a first lienholder.
    ================
    rite
     
  11. jenz

    jenz Well-Known Member

    do they allow two liens on a vehicle?
     
  12. lowScore

    lowScore Member

    If he filed CH 13 his attorney could get the car back and the car could be included in as part of the BK payment. He could keep the car. If CH 13 is right for you only you and your attorney can decide.
     
  13. pd11604

    pd11604 Well-Known Member

    Multiple liens are allowed in NY State ( There are at least 4 spaces on my pink slip for lien holders!)
     

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