Legal Question in Bankruptcy in Tennessee

chapter13-car repo

we have a small buy here pay here car lot. a customer told us 2 mos ago he was filing a chpt 13, we have not recd notice and it has not

actually been filed yet, i assume they are in process of paying attys fees. they have made no payments to us for these 2 mos, can we repo the car?


Asked on 5/18/07, 9:16 pm

1 Answer from Attorneys
LAURA TEK LAW OFFICE OF LAURA TEK

Re: chapter13-car repo

You should call up the bankruptcy court clerk's office closest to you and verify the filing. If he has not filed, then you can repo the car. If he has filed then you can't repo it. You have to contact his attorney and find out his intentions e.g. if he intends to reaffirm the debt on it or surrender the vehicle back to you. Then you would need to file a "proof of claim". You really need an attorney because navigating though the bankruptcy maze is very difficult.

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Answered on 5/20/07, 11:19 am


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