in a bankruptcy that has not been dismissed, can the finance co. come get the vehicle?

my bankruptcy is close to payoff but in slight danger of going over the 60 months, the 60 months is the end of september. I have not gone to a hearing to dismiss my case. have the finance co broke the bankruptcy law when they came to get my car

This entry was posted on Tuesday, September 30th, 2008 at 8:59 pm and is filed under Bankruptcy Law. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

2 Responses to “in a bankruptcy that has not been dismissed, can the finance co. come get the vehicle?”

1. noelleinnh Says:
   October 1st, 2008 at 2:13 am

   of course they can take the car… and no they broke no law.

   I believe it depends on what state you are in, as they came and got my sister’s car with no problem at all. Took it right out of the garage, weeks before her hearing.

2. chslaw Says:
   October 4th, 2008 at 1:56 am

   You should disregard the previous answer because it is totally incorrect.

   While the bankruptcy is pending, the finance company cannot take your car unless than file a motion for relief from the automatic stay that was imposed when you filed the bankruptcy. If your case is dismissed without a discharge, then the automatic stay no longer protects you. Then state law would determine if they cold repossess the vehicle.