Posted on April 27, 2010.
My grandparents had filed Chapter 13 bankruptcy in September 2009, their trucks were towed tonight. Is this legal? In the bankruptcy of trucks have been included. The bank repo'd their vehicles has been in contact with their lawyer and informed of the bankruptcy. I can not find anything on the Internet about this happening to someone else, all I can see is that Chapter 13 can stop a reposession. Does anyone know if this is legal?
Bankruptcy can stop once if the judge in favor of bankruptcy and includes cars as well protected. Simply filing, however, does not give protection. The repo guys outdo you.
im pretty sure, but perhaps wrongly, that Chapter 13 allows banks repo warranty, they think they need to repo
While the judge. They can file and request anything, but it is the judge. I never really liked this part because the judge may still determine the salary.
you or your grandparents need to contact their lawyer bankruptcy NOW
trucks could be a secured loan, which means that if there is no payment, the company truck, they have a right to pension.
Part 13 is to list all unsecured and secured loans. then essentially a payment is made to the trustee of the court, and payments should not be missed. if they are missed, then yes, things could be repossesed.
call their lawyer now and fill him in pronto. something sounds fishy about it, like a piece of the puzzle is missing from this scenario.
filing does end the 30 days of resumption. They still have to make payments on the truck. If they are not payments, the bank is within their legal rights to take the truck.