Legal Question in Credit and Debt Law in California

I made the payments

Bought car new, 1999, in February,2000, had to file bankrupcy. We were told to make arrangements with financiers of car so it would not be included. We did and the arrangements were made. The payments were made as agreed until the end of July,2000, when we recieved a call asking when we were surrendering the car as we had filed bankrupcy. This person claimed to be repo person. Of course we said the usual, and they ask for proof. They were given the home# so they could get proof, but did not call. Two hours later they went to work trying to take the car but couldn't. We are trying to reach the finance co. but they have not returned our calls. The reo-person did call after a few days and I faxed them copies of our reciepts. They refused to give me a contact #,name,address,ect. so I can't call them back to see where we stand. I finally faxed them a note asking them to call me and have heard nothing for over a week. Please Help!!! I have rented another vechile so work can continue, the "car" is in hiding until we know what's going on with all of this. Again Help Please!!!


Asked on 8/09/00, 11:40 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: I made the payments

Whoever told you that you did not have to include the car in your bankruptcy papers give you some very bad advice. In order to protect yourself, you need to have the car listed in the bankruptcy and you need to file papers with the court indicating the ware reaffirming the debt if you want to keep the car. You need to have a bankruptcy lawyer looking your case right away and correct this error.

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Answered on 12/01/00, 9:39 am


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