Can a financial company pick up a car even if bankruptcy hasn't been approved but filed? 10 Answers as of May 09, 2017

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Benson Law Firm
Benson Law Firm | David Benson
The company may have violated the automatic stay by taking actions to collect on a debt. Your bankruptcy attorney should be able to help you with this.
Answer Applies to: Ohio
Replied: 5/9/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Bankruptcies are not 'approved' as such. Once you file your petition, you are immediately protected by the 'Automatic Stay' of Bankruptcy, which means that virtually every effort to collect from you on a pre-petition debt is prohibited. A knowing violation of the automatic stay can be held to be contempt of court. You should ask your lawyer to file a Motion or an Order to Show Cause to have the car people held in contempt.
Answer Applies to: Wisconsin
Replied: 5/9/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If the case has been filed taking the car is an automatic stay violation. You need to see local counsel.
Answer Applies to: California
Replied: 5/8/2017
Stephens Gourley & Bywater | David A. Stephens
Not unless the finance company has a lift of stay or any bankruptcy plan allows for the pick up of the car.
Answer Applies to: Nevada
Replied: 5/8/2017
Ronald K. Nims LLC | Ronald K. Nims
Generally, no, a lender can't repo a car while you're in bankruptcy but they can under some circumstances. For example, if you're behind on payments and didn't do a reaffirmation agreement.
Answer Applies to: Ohio
Replied: 5/8/2017
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Once your BK case is filed, creditors can not take any legal action without the court's permission.
    Answer Applies to: Colorado
    Replied: 5/8/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Once a bankruptcy has been filed, a vehicle lender would need a lift stay order to pick up a car. If this did happen, your attorney may seek for the return of the vehicle and money damages from the lender.
    Answer Applies to: Nevada
    Replied: 5/8/2017
    Patrick W. Currin, Attorney at Law | Patrick Currin
    If the payments are not made, the car can be repossessed since it is a secured debt.
    Answer Applies to: California
    Replied: 5/7/2017
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    No, they can not do that it is called the stay protection.
    Answer Applies to: New York
    Replied: 5/7/2017
    Garner Law Office
    Garner Law Office | Daniel Garner
    No, if your bankruptcy has been filed, they would need to get permission from the bankruptcy court to repossess the car. If they already did, you can get it back from them. Talk to a bankruptcy lawyer to protect your rights.
    Answer Applies to: Oregon
    Replied: 5/7/2017
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