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.