Your B/K attorney should be glad to reccommend a course of action. S/he might just get out of the B/K business long enough to make a ton of money on this one.Of course, you DIDNT say if FMC had a DEFAULT contract with the Explorer as collateral & your name on it OR if you had a B/K CASE NUMBER when the Explorer was repoed. Those to facts will make a difference in whether ANY attorney will take your case.
My first reply was NOT to say that FMC is perfect. They have been known to screw up and take short cuts. That's why my first statement was ASK your attorney. If they have screwed up, the attorney will likely jump on the case.
When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."
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