Expert: Terry Leeders - 6/8/2007

Question
I need to find out if I have filed for bankruptcy and I still have my car by law is the creditor allowed to repo it during the bankruptcy or do they have to wait until the discharge?  I hope I am asking this question correctly b/c I have not been able to get a straight forward answer on this yet.  Thank you!

Answer
Your question is a bit confusing. I assume you hired an attorney to file, so you should check with them to see if and when your case was filed.  If your case is filed, and open, then your car company would need to bring a motion to 'modify the stay' in the bankruptcy court before they can 'go after' your car.  If you have not filed, then the car company can take whatever action that your state allows them to do.  They will usually contact you when the case is over to pick up a vehicle if you are 'surrendering it thru bankruptcy.'