Can the lender still repossess my car while making payments to my attorney? 32 Answers as of July 23, 2014

I'm making payments to my lawyer so that I can file bankruptcy. My question is, can the lender still repossess my car while making payments to my lawyer? I only ask this because when I gave the lender my lawyer's number, I haven't heard from the lender since but they did tell me I was still at risk of a repossession. I'm 2 months behind.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
Yes. If you have defaulted on a debt secured to a vehicle, the lender can repossess the vehicle. The filing of a bankruptcy petition will stay the repossession and collection.
Answer Applies to: Nebraska
Replied: 7/23/2014
Law Office of Morgan L. Place (MP Law Office) | Morgan L. Place
If you intend to keep the car, you have to make payments. Car loans are secured, and you either give up the car or make payments. Your lawyer should have told you that.
Answer Applies to: California
Replied: 7/21/2014
Russell & Heffner, LLC | Lawrence E. Heffner, Jr.
The bankruptcy automatic stay provided by 11 U.S.C. Section 362(a) does not go into effect until such time as a voluntary petition in bankruptcy is filed. As a result creditors can still pursue collection until such time as a bankruptcy case is actually filed.
Answer Applies to: Maryland
Replied: 7/21/2014
Stephens Gourley & Bywater | David A. Stephens
Yes they can.
Answer Applies to: Nevada
Replied: 7/18/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes, they can repossess the car, until you file BK.
Answer Applies to: Colorado
Replied: 7/18/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    If you are not making your payments as required the lender may repossess the car. After the bankruptcy is filed the lender may repossess if you do not file a re-affirmation agreement although they need to ask the court for permission.
    Answer Applies to: California
    Replied: 7/18/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    The only way to stop any creditors from acting is by filing the bankruptcy. Paying your lawyer does not do anything for you.
    Answer Applies to: New York
    Replied: 7/18/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    Until the bankruptcy petition is filed with the court you do not have protection from creditors' actions.? If the car were to be repossessed you could file a Ch 13 bankruptcy which would force the creditor to return the vehicle.
    Answer Applies to: Minnesota
    Replied: 7/16/2014
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Yes they can. I tell my clients that if they plan to keep their car they should make sure to pay the vehicle loan even if it means taking longer to pay me unless there is some other even bigger risk that makes filing the case urgent. Discuss this with your attorney.
    Answer Applies to: California
    Replied: 7/16/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Secured payments must still be made in BK unless you want to surrender the car. Any deficiency can be eliminated in the BK as it is now unsecured.
    Answer Applies to: California
    Replied: 7/16/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    Yes. Unless you have a written agreement with your lender waving the default for non-payment or an automatic stay in bankruptcy, your vehicle is subject to repossession while your payments are not current.
    Answer Applies to: California
    Replied: 7/16/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, for a number of reasons. Speak with your lawyer.
    Answer Applies to: Michigan
    Replied: 7/16/2014
    LAW OFFICE OF RALPH L. WILLIAMS
    LAW OFFICE OF RALPH L. WILLIAMS | RALPH L. WILLIAMS
    Answer: Until your bankruptcy is actually filed the lender can repossess your car. If you want to keep the car you must keep the payments current to the lender unless you have some agreement with the lender to defer payments.
    Answer Applies to: California
    Replied: 7/16/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    There is NO reason in the work to give your car payments to your lawyer. You need to make the car payments to keep it from being repossessed. Making installment payments to your lawyer will NOT protect you.
    Answer Applies to: California
    Replied: 7/16/2014
    LAW OFFICES OF CRAIG BURNETT | Craig Alan Burnett
    Are you serious? Hiring a lawyer does not excuse you from making car payments. Of course the lender may still repossess your car unless and until your bankruptcy petition is filed first.
    Answer Applies to: California
    Replied: 7/18/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Paying money to a lawyer who may someday file a bankruptcy for you upon completion of paying legal fees and court costs to go into bankruptcy doesn't provide you with the protection actually filing bankruptcy does. In fact, telling the lender that you have hired a lawyer only acts to let the lender know that it should try to take the vehicle before you have all the funds to file bankruptcy, rather than working with you.
    Answer Applies to: Nevada
    Replied: 7/18/2014
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    The only way to prevent repossession is to work something out with the lender or to actually file a bankruptcy. By the way, you are paying your lawyer for advice on this situation, s/he should be answering this question for you AND giving you advice specific to your situation which should be better than any answers given on an online forum where the people answering the questions don?t have all the facts! Call him or her.
    Answer Applies to: Wisconsin
    Replied: 7/18/2014
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Until your bankruptcy is actually filed, you are not under protection of the bankruptcy law and your car may be repossessed. This is something your attorney should have made abundantly clear to you.
    Answer Applies to: California
    Replied: 7/18/2014
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes if bankruptcy has not been filed.
    Answer Applies to: Alabama
    Replied: 7/18/2014
    Wellman Law LLC
    Wellman Law LLC | Keith A. Wellman
    Paying an attorney does not prevent a creditor from repossessing a vehicle. Actually filing the Bankruptcy petition does, at least temporarily. Holding on to the vehicle long term is a separate conversation.
    Answer Applies to: Kansas
    Replied: 7/18/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    If you are in default and have not yet filed a bankruptcy petition, the lending can legally repossess your vehicle. You should discuss this matter with your attorney.
    Answer Applies to: California
    Replied: 7/18/2014
    Hoang & Tran PLLC | Adam Tran
    This is highly unusual. If you have not filed for bankruptcy, why is your attorney taking your money to pay for your debt? You should be making the car payments to the lender directly. Unless, you have already filed for bankruptcy and making payment to the trustee, which is then the responsibility of the trustee to make the payments - not your lawyer.
    Answer Applies to: Texas
    Replied: 7/18/2014
    Law Office of Melissa Botting | Melissa Botting
    Yes, until you actually file bankruptcy, you do not have any bankruptcy protection.
    Answer Applies to: Texas
    Replied: 7/18/2014
    Hicks, Massey & Gardner, LLP
    Hicks, Massey & Gardner, LLP | Robert M. Gardner, Jr.
    There is no automatic stay preventing a repossession until a bankruptcy case is actually filed. If you are behind on your car payment, a chapter 13 might be the best option, and you should not have to make payments to file a chapter 13, as you usually only have to come up with the filing fee to file a chapter 13.
    Answer Applies to: Georgia
    Replied: 7/18/2014
    Emery, Kast & Walker, PLLC
    Emery, Kast & Walker, PLLC | Felecia Leann Walker
    Yes, they can still repossess your car. The automatic stay does not go into effect until the day you actually file bankruptcy. If you have an attorney you need to speak with them immediately so they can take steps to protect you. Once your car is repossessed there isn't much anyone can do to get it back...even filing bankruptcy.
    Answer Applies to: Florida
    Replied: 7/16/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    Unless you actually file a bankruptcy petition, there is nothing that prevents a lender from repossessing your car. I would speak with your lawyer and get a petition on file ASAP.
    Answer Applies to: California
    Replied: 7/16/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    yes they can until you actually file the bankruptcy.
    Answer Applies to: Florida
    Replied: 7/16/2014
    Berlin Patten, PLLC
    Berlin Patten, PLLC | Jessica Stewart
    Yes, your lender could still repossess your car. Until you officially file your bankruptcy petition you are not protected by bankruptcy laws.
    Answer Applies to: Florida
    Replied: 7/16/2014
    Tidewater Law Group PLLC | Seth Schoenfeld
    Yes, you are not in an active Bankruptcy and so have no protection.
    Answer Applies to: Virginia
    Replied: 7/16/2014
Click to View More Answers:
12 3 4 5 6 Free Legal QuestionsConnect with a local attorney