You have the right to call/visit your B/K attorney and have s/he explain your rights as you've paid them to do. Who knows your case and state laws better??? Say I can't afford an attorney (which I can't). Now what? Then you cant afford to file B/K, but if you do file pro se, you better do your homework. The failure rate for pro se B.K is rather HIGH due to mistakes and lack of knowledge. Unfortunately, this is NOT the place to find that info. Search on "Bankruptcy" for better results. Check the links to the right too.
If the car is gone, the car is gone. The car would only be covered in BK if you still had it. If you file Chapter 13 bankruptcy within 10 days of your car being repossessed, or in some states before it has been sold or auctioned, your creditor must return the vehicle to you.
Let me get this straight. You filed B/K over 5 yrs. ago and the car was/is repoed recently? If this is correct, the car will be sold and the lender will want you to pay the balance still owed.
You do. You were in possession of the car. The car was registered to you. Until the car is sold, you are legally and financially responsible for it.
If you are not going to reafirm the loan, in other words- keep and pay for the car, then yes the bank will want the car back. Usually they will try to get the car back shortly after your 1st court date when the court has oked your petition to go thru bankruptcy.
If neither the lender or the repossession company is notified that you have filed, and they proceed in good faith, your car can be repossessed. If either knowingly violated the stay, you may be able to redeem the vehicle, and the bankruptcy court may fine the agencies who acted in violation.
you better go look in you driveway
Ask this of your B/K attorney. that's what you are paying for.
If the car is gone, the car is gone. The car would only be covered in BK if you still had it. If you file Chapter 13 bankruptcy within 10 days of your car being repossessed, or in some states before it has been sold or auctioned, your creditor must return the vehicle to you.
not if you still owe money on it
Let me get this straight. You filed B/K over 5 yrs. ago and the car was/is repoed recently? If this is correct, the car will be sold and the lender will want you to pay the balance still owed.
You do. You were in possession of the car. The car was registered to you. Until the car is sold, you are legally and financially responsible for it.
If you are not going to reafirm the loan, in other words- keep and pay for the car, then yes the bank will want the car back. Usually they will try to get the car back shortly after your 1st court date when the court has oked your petition to go thru bankruptcy.
Sure
If neither the lender or the repossession company is notified that you have filed, and they proceed in good faith, your car can be repossessed. If either knowingly violated the stay, you may be able to redeem the vehicle, and the bankruptcy court may fine the agencies who acted in violation.
IF its filed properly,NO. Why not ask your B/K attorney this question??? That's what you pay them for.
Yes, the accident and bankruptcy are two different issues.
Having a car or other item repossessed does not mean anyone has to file for bankruptcy. Bankruptcy is to protect you from creditors and should be sought if you owe more than your net worth and have no reasonable prospect of being able to pay what you owe.