My Car was repossessed after my chapter 7 bankruptcy was dissmessed

[doshon]

California- Hello everyone, My car was repossessed after my chapter 7 was discharged October 1st. The finance company did not show up to the creditor meeting to protest. I didn't receive a bill or a notice from my finance company. My question is even though they never protest it can they still take the Vehicle? From my understanding if a Creditor never shows up for a Creditors meeting to protest they have no legal grounds to repossess.

 

[FlyingRon]

If you mean your bankruptcy was discharged, the stay was likely lifted and the lender is free to retrieve any security (repo/foreclose). They do not need to give you any further notice.
Your understanding is wrong. The creditors meeting is to recover money from you for their debt, which likely they just wrote off.

 

[LdiJ]

California- Hello everyone, My car was repossessed after my chapter 7 was discharged October 1st. The finance company did not show up to the creditor meeting to protest. I didn't receive a bill or a notice from my finance company. My question is even though they never protest it can they still take the Vehicle? From my understanding if a Creditor never shows up for a Creditors meeting to protest they have no legal grounds to repossess.

I take it that you did not reaffirm the car as part of the bankruptcy? The finance company was perfectly within their rights to repo the car. They had a perfected lien against the car and since you did not reaffirm it or continue to make the payments, they had the right to repo the car.

People do not end up with free cars or houses or other major assets just because the went through bankruptcy.

 

[despritfreya]

My car was repossessed after my chapter 7 was discharged. . . The finance company did not show up to the (341) meeting. . . I didn't receive a bill. . . My question is even though they never protest it can they still take the Vehicle? From my understanding if a Creditor never shows up for a Creditors meeting to protest they have no legal grounds to repossess.

1. The underlying debt was discharged but the lien on the vehicle remains in full force. Failure to pay the loan and the lender gets to take back its property regardless of the entry of a discharge. You don't get a free car due to filing bankruptcy and the lender was well within its rights to repossess once the protection of the automatic stay was lifted.

2. The 341 Meeting has absolutely no impact on a creditor's rights. Failure to show up is not relevant to anything other then the creditor decided not to waste its time.

3. You clearly were not current in payments therefore the failure to receive a bill is not relevant. Presumably you knew where and when and how much to pay. You chose not to pay for the vehicle.

Bottom line, you clearly could not afford the vehicle. Good thing you never reaffirmed. The vehicle is now in the hands of its true owner, the lender, and you owe nothing.

Des.