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Ch 7 Car Repo'd While BK is Open
Pay under protest then consider AP re sanctions
Sent from my iPhone - please excuse typos.
> On Mar 1, 2016, at 1:40 PM, nancy korompis korompisn@yahoo.com [cdcbaa] wrote:
>
> Dear listmates,
>
> Is creditor allowed to repo ch 7 debtor's car while the bk case is still open, or is creditor in violation of the auto stay?
>
> My ch 7 debtor's car was repo'd last night, and creditor, which is a credit union, is now asking for $600 from debtor to get car back.
>
> Debtor had stated his intent to keep car in the Statement of Intention. And further, debtor had faxed the creditor a signed Reaffirmation Agreement on 2/19/16, which they now say they didn't get, eventho there is fax status report showing received. The 341a meeting was on 1/5/16, so the time of the fax or even today, is still within the 60 day period under Rule 4008.
>
> Your thoughts are appreciated.
>
> Thank you.
>
> Best regards,
>
> Nancy Korompis
> Tel: (626) 716-7763
>
> -------------------------------------------------------------
> This communication (including any attachments) is intended for use by the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail and delete all copies of the original communication. Thank you.
>
The post was migrated from Yahoo.
Dear listmates,
Is creditor allowed to repo ch 7 debtor's car while the bk case is still open, or is creditor in violation of the auto stay?
My ch 7 debtor's car was repo'd last night, and creditor, which is a credit union, is now asking for $600 from debtor to get car back.
Debtor had stated his intent to keep car in the Statement of Intention. And further, debtor had faxed the creditor a signed Reaffirmation Agreement on 2/19/16, which they now say they didn't get, eventho there is fax status report showing received. The 341a meeting was on 1/5/16, so the time of the fax or even today, is still within the 60 day period under Rule 4008.
Your thoughts are appreciated.
Thank you.Best regards,
Nancy KorompisTel: (626) 716-7763
tion (including any attachments) is intended for use by the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail and delete all copies of the original communication. Thank you.
The post was migrated from Yahoo.