Legal Question in Bankruptcy in California

My car was repo in California and can they do that with out sending us a notice? We file BK

last December and since then we never received statement from my lender. We keep on

sending payment except in Dec and March. We call them today they said we owe four months

that is why they took the car and because we file BK. We said we did not include the car

in the BK that is why we keep on sending payments even without statement. What are my legal

right? They do not want me to cure the default, they want me to paid off the car. I just file BK

and they want me to come up $10k to paid it off. Please help


Asked on 5/17/10, 2:14 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

You still missed 2 payments and apparently didn't sign a reaffirmation agreement. They were well within their rights to pick it up. You can try to negotiate a settlement and you have the same right to redeem the vehicle as anybody else who has had their car taken.

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Answered on 5/22/10, 2:45 pm


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