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Does the stay apply to me or can the creditor proceed with repo/sale of the vehicle

Wilmington, NC |

I am the co-borrower on a vehicle loan with my ex. He has filed BK 13 with his new wife and surrendered his interest in the vehicle we are joint on. I now want that car. Does the stay apply to me? Can the creditor move forward with repossession and sale at this time? Does it matter is I want the creditor to let my mom buy the car through a refinance?

Attorney Answers 1


The creditor can not pursue the vehicle without first obtaining relief from stay in your ex's bankruptcy case. They can continue to collect against you on the unpaid balance. Once relief from stay is granted, they can then pursue their state remedies, including repossession.

Best Wishes,

Steve Doan, Esq

This information is provide for informational purposes only as a service to the public, and is not legal advice or a substitute for legal counsel, nor does it constitute advertising or a solicitation. Your receipt or transmission of information hereof alone does not create an attorney-client relationship or ensure confidentiality.

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Thank you! Just to confirm, this is the case even though he stated in the plan that he is surrendering all interest in the vehicle? His attorney told me once the plan is "confirmed?" that they can come get the car from me and I cannot refinance it.

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