Legal Question in Bankruptcy in Virginia

After Ch 7 BK Vehicle Repo

I have a question. We filed Chapter 7 in 8/2005 and it was discharged in 11/2005 and our vehicle was included but we did not have to reaffirm since we were up to date on payments. In the last few months we have fallen behind because my husband lost his job and was without work for a couple months and is now making quite a bit less than before. Anyway, I called the lender and they said they could not work out any plans to catch up with us since it had been included in bankruptcy and they are not allowed to do anything like that and that we should pay as much as we can even if it is a little each week. Now I am worried (we are sending them some money, but we are 3 to 4 mos. behind). This is coming down as we pay extra. They did mention that our account might pop up for review and then something could happen. What could happen? Would the BK case have to be reopened before they could repossess since it is protected (I guess) by the BK we filed. I am just wondering if we will get some kind of warning before they repossess or it would show up in Pacer Online so we could have an idea that it is going to happen? We do plan on continuing to pay every extra cent to them.

Anyway, thanks for listening to my long story.

Lela


Asked on 7/30/08, 2:37 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: After Ch 7 BK Vehicle Repo

They can repossess at any time if the payments are not current, and they do not need any court order to do so. The bankrupty discharge does not affect their right to proceed on their lien rights, reaffirmation or not.

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Answered on 7/30/08, 10:55 am


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