I purchased used vehicle in 2003 with my son as cosignor, I then claimed bankruptcy in 2005 and loan was discharged and my son continued making payments for awhile. The finance company changed banks 3 times in the process. Neither he nor I received notice about vehicle being picked up until yesterday someone called and told a person living with us that they were coming to repossess vehicle and we looking for me. I have been at the same adress for 7 years. Are they able to do this or does he have someprotection. because of time frame.?The loan was for 16, 000 and there was approx 3000 left when he defaulted so with interest its about 6000. At one point when bank had changed (after my bankruptcy) he contacted them for info and they could not even find the original loan.
Personal Bankruptcy car repossesion statute of limitations
- Thread Starter PMPs
- Start date
- Status
Theresagail
New Member
There is still $$ owed on the car-- so if the payments are not made, then yes they have every right to come get the car even if only 1 payment is left on it.
army judge
Super Moderator
Discharging debts in bankruptcy doesn't allow you to keep secured items without reaffirming the debt and continuing to make timely payments.
If you have doubts, speak with the attorney that handled your bankruptcy.
Sent from my iPhone using Tapatalk
If you have doubts, speak with the attorney that handled your bankruptcy.
Sent from my iPhone using Tapatalk
fredrikklaw
Moderator
Approaches Illegal by Federal B.K. Mandates!
Well, there is no statute of limitations for vehicle repossession per se, but there is one for Breach of (written) Contract in connection with the purchase of the car which is four years and the contract being the loan, of course. But that's neither here nor there at this particular time, and there is a more serious matter that should be addressed immediately; that matter being the creditor violating the order of the Bankruptcy Court.
The loan was obviously discharged in the bankruptcy proceeding when the creditor did not attend the court date to show cause, and in the absence of an unequivocal reaffirmation of the loan, payments towards the loan post discharge were discretionary and considered good will and as such could have continued to completion or discontinued without ramifications anew for breach of contract
When a debt is discharged in bankruptcy, be it secured or unsecured, the holder of the debt (the creditor) is estopped by Federal Bankruptcy Laws from pursuing the debtor for collection purposes in any shape or form. But while the discharge of an unsecured debt (i.e. credit cards) is permanent and irreversible leaving the creditor with no remedies, the creditor of a secured loan (i.e. car, home appliance, mortgage, etc.) can if he so chooses, pursue collection of the debt or repossession of the collateral post discharge, BUT ONLY by permission from and through the Bankruptcy Court and its trustee.
To do this, the creditor has to petition the Bankruptcy Court and the trustee for a Stay of Bankruptcy Discharge (or Protection) as to a particular debtor (in this case you) so that he may proceed against you with a civil suit as if the debt was never discharged. So unless this procedure is followed and the creditor is granted a stay, he is absolutely and positively FORBIDDEN from contacting you for that purpose and each unsanctioned contact with a discharged debtor carries a $10,000 fine.
So, to give the new holder of the note the benefit of the doubt, fax, mail, or e-mail the final bankruptcy discharge order you were given on such and such date and inform them, even though it says it quite clearly on the order, that they are violating the Bankruptcy Court's order and they should cease and desist immediately or you will report the violation to the trustee and come what may from that point on.
Or if they are being particularly aggressive and uncivil in their illegal approaches, just call up the trustee and report the violation without further ado and watch the trustee knock some official Federal sense into their heads.
fredrikklaw
Well, there is no statute of limitations for vehicle repossession per se, but there is one for Breach of (written) Contract in connection with the purchase of the car which is four years and the contract being the loan, of course. But that's neither here nor there at this particular time, and there is a more serious matter that should be addressed immediately; that matter being the creditor violating the order of the Bankruptcy Court.
The loan was obviously discharged in the bankruptcy proceeding when the creditor did not attend the court date to show cause, and in the absence of an unequivocal reaffirmation of the loan, payments towards the loan post discharge were discretionary and considered good will and as such could have continued to completion or discontinued without ramifications anew for breach of contract
When a debt is discharged in bankruptcy, be it secured or unsecured, the holder of the debt (the creditor) is estopped by Federal Bankruptcy Laws from pursuing the debtor for collection purposes in any shape or form. But while the discharge of an unsecured debt (i.e. credit cards) is permanent and irreversible leaving the creditor with no remedies, the creditor of a secured loan (i.e. car, home appliance, mortgage, etc.) can if he so chooses, pursue collection of the debt or repossession of the collateral post discharge, BUT ONLY by permission from and through the Bankruptcy Court and its trustee.
To do this, the creditor has to petition the Bankruptcy Court and the trustee for a Stay of Bankruptcy Discharge (or Protection) as to a particular debtor (in this case you) so that he may proceed against you with a civil suit as if the debt was never discharged. So unless this procedure is followed and the creditor is granted a stay, he is absolutely and positively FORBIDDEN from contacting you for that purpose and each unsanctioned contact with a discharged debtor carries a $10,000 fine.
So, to give the new holder of the note the benefit of the doubt, fax, mail, or e-mail the final bankruptcy discharge order you were given on such and such date and inform them, even though it says it quite clearly on the order, that they are violating the Bankruptcy Court's order and they should cease and desist immediately or you will report the violation to the trustee and come what may from that point on.
Or if they are being particularly aggressive and uncivil in their illegal approaches, just call up the trustee and report the violation without further ado and watch the trustee knock some official Federal sense into their heads.
fredrikklaw
army judge
Super Moderator
fredrikklaw said:
You're usually correct, fredikklaw, but you missed this one.
I doubt that the finance company failed to challenge this one.
It's a secured note.
But, if they did, how do propose for the OP to get the lien off the title?
Sent from my iPhone using Tapatalk
Theresagail
New Member
regardless if the OP filed a BK7 then the debt falls on the son -- if she filed a Cpt13 once discharged it falls on the son-- No one gets free cars, sooner or later they will want their $$ or the collateral.
esterlydsl
New Member
You should have consulted the attorney whom you had hired while filing bankruptcy. If they themselves are not able to provide you the clear picture of the original loan , how can be they sure about the exact amount that is still pending towards them? Hopefully, this will help you to make yourself in a stronger position then your opponent. Discuss every details with your attorney.
- Status
