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Can you sue the repo man if he takes the truck after you filed bankruptcy?
Wiki User
∙ 17y ago
(A): "Can you sue the repo man if he takes your truck after you filed bankruptcy?" (B): The answer is "No". The truck is the property of the dealer, or finance company, until your final payment to them is made, and the receiver in bankruptcy may not seize property of which title belongs to a second party (dealer or finance company). Chris
Wiki User
∙ 17y ago
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Is repossession reported if bankruptcy is filed?
it could go either way. It will say "included in BK" if you included it and repo if you did not.
You filed for a chapter 13 have not got a case number yet can they repo your car?
You have not filed a bankruptcy. You get a docket number immediately when you file. So, yes, they can repo your car. If this was done by a lawyer, you should find out what the lawyer actually did. You can confirm your bankruptcy filing online or by telephoning the court in which it was supposedly filed, and get the docket number. It's a public record.
Can you file bankruptcy on a truck repo past due loan?
No, if you mean, can you single out this debt to "file bankruptcy on." You file bankruptcy on ALL your creditors. You don't get to pick and choose. But you can certainly include such a debt in bankruptcy.
Can a repo man repo your truck behind your gate?
Yes. If he has a repo order, it is no longer YOUR truck.
What is special about the Repo Truck company?
There is no company with the name "Repo Truck", but "repossession" of a vehicle simply means the financial lending company "takes back" the vehicle, because monthly payments on the vehicle have ceased.
What happens if you are facing both bankruptcy and repossession?
Well, "repo man", a bankruptcy will allow folks to get their car back - even after repo. The clincher is, if the car was auctioned or not. That would be the only obstacle preventing the car from being returned, at least in terms of a Chapter 13.So, if you want your car back: file Chapter 13 and do it quickly.I am a repo man, and ironicly this happend on a case last week. The debtor (you in this case) filed for bankruptcy at 8:00am. I repoed his car at 7:30pm that night. After a few days on the phone with his laywer, and bank, the car was returned at the descretion of the bank. So, if you file before your car is repo'd, you can keep the car for that period of time. Your report will show what the bank wants to say, call them about it.No, it is not easy to hide a car, e.g. a car was 15 miles from the persons house under a tarp, under a pile of hay, inside a barn (that was open), and we got it. Once your car is repo'd that's it, bankruptcy cannot help..AnswerI HAVE FILED BANKRUPTCY WHEN SHOULD I TURN THE CAR IN i HAD A CHOICE TO KEEP PAYING OR NOT KEEP IT i CHOSE NOT TO KEEP IT BUT WHEN SHOULD i TURN IT IN i HAVE NOT MADE A PAYMENT FOR ONE MONTH . AnswerThe court will make arrangments for the car to be turned over and they will let you know. AnswerAll depends when the BK was filed. If it was filed pre-repo then the repo cannot be done unless ordered by the court. If it is filed post repo then, well, you were just too darn late with the filing. If you have signed a relief of stay for the vehicle, it can be repossessed even with the BK being filed. AnswerI had this happen to me. I had a repo guy call me for my truck and it was ironic because he called me the night before I had an appointment to go file Bankruptcy. Needless to say I was at my lawyers bright and early and told him the repo guy was going to come and get my truck that night but said he would call ahead because I live about 80 miles from where he was coming from. We filed a chapter 13 and included the car and my lawyer told me to call him and tell him to call the lawyer's office and they would advise him that he can't take the car. He didn't believe me and said he was coming to get the car anyway and my lawyer advised me to call ahead to the sheriff's office and advise them that you had filed a bankruptcy and give them a copy of the order so that if he shows up, they can tell him to leave. He actually told me to just not answer the door...there's nothing that says you have to listen to them. FYI; I still have my truck via a Chapter 13. It ain't pretty but it's better than a repo on my credit. A chapter 13 restructures your debt into a new payment plan so if you're way behind like I was, the minute you file you are automatically current. I was paying $475/month for my truck and under my Ch 13 plan I'm paying them $255/month. Also, they also only award the NADA value of the vehicle which was nice for me cuz my loan balance was $15,000 but my truck was only worth about 10,000.Somthing to think about.
Can a repo company come repo a mower 1 year after your bankruptcy?
Yes if there was a lien on it. If your bankruptcy was discharged, it simply discharged the debt, not the collateral.
When your vehicle was stolen a repo guy came to take it told him it was stolen and filed for bankruptcy and since then 4 yrs have passed you never heard from repo guy again can they still repossess yo?
What exactly are they going to repo,you the vehicle was stolen and you no longer have it right, come on use the thing attached to your kneck.
I am going into a bankruptcy in app 1 month the bank wants to reposses the car if I surrender the car before the bankruptcy is filed will it show up as a repo or go under the bankruptcy?
It will show up as both. If the bank auctions off the car, they may come after you for a deficiency judgment. Any chance of them coming after you would be taken care of in the bankruptcy.
Can repo man repo your truck with you in it?
Probably not. He'd probably ask you to get out of the car.
Can a creditor repo a truck if thy are not on title as a lien holder?
This depends on state law regarding lienholders, not bankruptcy law. Debts can be transferred (sold) to other creditors, but usually the title has to be endorsed to the new creditor and you have to get notice of the transfer. A creditor can seize a truck under a court order to satisfy a judgment, whether it is on the title or not. It is not a repo, however.
Does having a car in repo effect filing for bankruptcy?
No - having had a car that was re-possessed will not affect the filing of a Bankruptcy.
