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.
Both, Its bad debt period and you will suffer bad with either.
They both go bankruptcy
Her mortgage liability will be discharged.
No, both parties on a joint mortgage do not need to file bankruptcy. They can file a joint bankruptcy or a single bankruptcy.
In the state of California, the lender of a repossession may only charge fees that it incurs and that are in the contract. If the lender pays for the storage or houses the repossession, then yes, the lender is allowed to charge both a repossession and a storage fee.
While both home and automobiles are considered secure creditors, there are much less protections for automobiles. About the only way you would be able to obtain a court order for the assets return would be if it was recovered after your bankruptcy was filed and that both the creditor and repossession agency had sufficient notice of your filing. If it was recovered before your filing, or ability to provide sufficient notice, then its impossible to get the car back.
no the pressure of bankruptcy can effect both partners in a relationship
well if your husband is in bankruptcy they are not allowed to repossess the car as long as he is the one in possession of the vehicle, if they do repossess the vehicle you will have a pretty good lawsuit to hand them, if the car is repossessed or actually when , it will show up on both of your credit. so I have a website to help you www.stoptheREPOMAN.com we have repossession consultants that can help with your situation I STRONGLY RECCOMED YOU TRY IT.
No. Unless you both have the debts in both names. Either way its going to be a long road. Bankruptcy should be a last resort. www.learnloanmodsnow.com
Both have the same negative impact on your credit.
Yes. Both individually or jointly.
No. But, it may be in your favor to do both. Check with a lawyer.
after a legal process the lender can both sue and have you arrested.
Bankruptcy has some effect on both spouses regardless of where they live. Unless the two spouses have taken great care to ensure that their assets are entirely separated from one another, then there is likely to be some part where the spouse will be financially affected by a bankruptcy. For details you should contact a Minnesota bankruptcy lawyer (see related links). They will be able to provide specific information about how a spouse could be affected by bankruptcy.
Generally yes, if there is a contract signed by both of you (the lender and borrower) and you include that debt in you bankruptcy filing.
You technically should not be able to do both at the same time. The bankruptcy should stop the Foreclosure proceedings in its track.
It isn't relevant as both states allow repossession of a vehicle under UCC laws (without a breach of peace).
Was the bankruptcy before or after the divorce? I don't think it matters however, the bank can always go after the cosigner on a mortgage if they didn't file bankruptcy as well.
If it is in both of your names then yes.
Under US law as I understand it, any repossession is detrimental to your credit record. Both a voluntary repossession or a standard repossession have the same effect on your credit rating. Both will appear as repossessions, and either will result in a negative mark on your credit history. Any repossession will appear on a credit report for 7.5 years from the date of first delinquency. You will likely see your credit score drop significantly, as having a repossession in your credit history marks you as a credit risk. The only advantage that I see in doing a 'voluntary' repossession is that it may cost you less in legal fees. In general, I would encourage you to work with the lender to find ways of keeping your home and coming to some kind of agreement on reduced monthly payments, or even weekly payments which will involve a lower interest rate. Good luck with it.
If her name is on a loan that you file bankruptcy on than she would then be responsible for that loan. Filing a bankruptcy only gets your name off the loan(s), you would both need to file together.
Please elaborate on your question, are you asking from the standpoint of the lender or the borrower? Both, but I am the borrower.