Legal Question in Bankruptcy in Illinois

reposession

HI my wife has a 2004 chevy impala on which is kept in a garage on private property . the car is up for reposession but it's not at the address it's register to now when the repo looks to pick it up can they take it ou of the garage and she's filing a chatper 13 so does the auto stay kick in or what happens don't want to have the car repoed before the paper work gets done legally so what can we do ?


Asked on 10/08/07, 4:29 pm

1 Answer from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: reposession

when the chapter 13 is filed, it does stay repossession. You will have to provide for full payment of the car (and typically the interest rate that you are currently paying) in the plan in order to keep the vehicle. It is important that the loan company and repo company are aware of the bankruptcy once it is filed to ensure compliance with the stay.

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Answered on 10/12/07, 2:28 am


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