CanI sue my finance company if they repo my car if I’m in a Chapter 7 bankruptcy?

UPDATED: Dec 9, 2011

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CanI sue my finance company if they repo my car if I’m in a Chapter 7 bankruptcy?

My car was repo because the finance company said that we didn’t sign the reaffirmation in time but we had 30 days after the 341 meeting to do, so they took my car 2 weeks after the meeting. I lost 13 days from work and repo fees.

Asked on December 9, 2011 under Bankruptcy Law, Maryland


Greg Wiley / Law Office of Greg Wiley PLLC

Answered 11 years ago | Contributor

This is something you should discuss with your bankruptcy attorney.  Generally, you have more than 2 weeks after the 341.  There are circumstances that will override this policy.   If the creditor already had relief from the automatic stay or you had a previous dismissl within 1 year of the filing of this bankruptcy can shorten the time for the automatic stay to lift.

Best of Luck

Greg Wiley

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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