I got behind on my car payments after filing chapter 13 bankruptcy in Ne they just reposessed my vehicle what do I do?
4 attorney answers
Is your case still active? If it has been dismissed, you can re-file and possibly get the car back if you do so before the lender auctions the car off. If you still don't have a job, this option may not work. If your case is active, a Motion to reimpose Stay is a possibility, but it would have to be done on an emergency basis to be effective. If you don't have a job, the Motion will likely fail. Get a consultation because none of these options may be best. Maybe you should file Ch. 7 to discharge the debt and save money for a cash car. Get a consultation from a local lawyer right away.
Please note this is to be considered general advice and not legal advice about any particular situation. The answering of any question does not...
The correct answer to your question will depend on the answers to questions you failed to raise in your post. 1) Was the stay in place when the vehicle was repossessed? In other words, did the creditor apply for and obtain a lift stay? Or did your stay expire because you previously filed a bankruptcy that was dismissed? 2) What did your plan provide as the method by which the car loan was to be paid? Was the payment being made as part of the plan, or was it made outside of the plan? 3) Why aren't you discussing this with your own attorney? While this may be an egregious wrong, without an attorney, getting the appropriate help will be next to impossible. And if you don't have an attorney, getting one now may be difficult or even impossible now. Hope this perspective helps!
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If you are represented by an experienced NE Bankruptcy attorney, then your questions must be directed to the attorney, otherwise, you really need to retain one fast. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Not enough facts are known. Did the creditor file a motion for relief from stay and obtain court order? Or are you dismissed out of ch 13 ? Do you have an attorney? If you do call them and ask them know. Most persons vehicles are worth less than they owe on them too but again we do not know the facts. Discuss all with your bankruptcy attorney or find one now in your state. Good luck.