Can creditor repo car citing denial of Car loan?
Posted: Thu Sep 24, 2015 2:05 pm
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
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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.
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