Expert: Mark J. Markus- California Bankruptcy Attorney - 10/21/2006

Question
My bankruptcy was dismissed because they said I was sent notice to take a counseling course which I never received. I sent a Motion to Reconsider but was told today it was denied. Have to pay $225.00 for Motion to Reopen which I don't have. I am thinking of just re-filing and paying $75.00 installments. Here is my question: I have reaffirmed the agreement on my car but not made payments. The are going to repossess soon. But if I re-file would that stop the repossession for a few more months? I would rather have had the bankruptcy of course but since I am re-filing I wonder what the law is on repossessing a car.


Rudi"


Answer
Yes, it should stop the repossession, but since your prior case was dismissed, the automatic stay in your new case will only last for 30 days unless, within that time, you obtain a court order extending it.   Additionally, you would have to catch up on the payments due to the vehicle creditor--or enter into a new reaffirmation agreement--in order to prevent them from obtaining court permission to repossess.