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Can creditor repo car citing denial of Car loan?
This sounds similar to a fact pattern I'm addressing in one of my chapter 13 cases - 2:15-ap-01116-VZ.
If I understand your facts correctly, the debtor entered into a financing contract with the dealer and the dealer's attempt to "sell" the contract was rejected by another party. Of course, a close review of the contract between the debtor and the dealer is necessary to determine how best to proceed.Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Thursday, September 24, 2015 1:29 PM, "nancy korompis korompisn@yahoo.com [cdcbaa]" wrote:
Has anyone ever experienced a car dealership threatening to repo car of ch 13 debtor citing that the car loan did not go through? Isn't creditor in violation of the auto stay if they were to repo it, or even call the debtor to demand the return of the car, which they have been doing.
Debtor has a finance contract issued by the dealership. Then a month later received a letter stating that the loan application was denied. Debtor filed her bk a month after obtaining the car, which she got by giving a deposit and trading in her old car.
Thanks.
Best regards,Nancy KorompisTel: (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.
Has anyone ever experienced a car dealership threatening to repo car of ch 13 debtor citing that the car loan did not go through? Isn't creditor in violation of the auto stay if they were to repo it, or even call the debtor to demand the return of the car, which they have been doing.
Debtor has a finance contract issued by the dealership. Then a month later received a letter stating that the loan application was denied. Debtor filed her bk a month after obtaining the car, which she got by giving a deposit and trading in her old car.
Thanks.
Best regards,Nancy KorompisTel: (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.