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Question
I filed for bankruptcy on July 1st. My vehicle was repoed on July 10th. What are my rights as far as a lawsuit. My vehicle is my job. I am a independent sales agent, and traveling is how I make my living. Can I sue for lost wages in this battle?
Hi Kenneth:
It depends on your state, how the auto was listed in the bankruptcy, and most importantly how and WHEN the creditor was notified about the bankruptcy. It really is a question for your attorney as they can view the actual documents and know your state laws.
Your case is obviously the strongest if the creditor knew of the bankruptcy and then issued the repo order anyway. Courts do take the bankruptcy stay seriously, so if there is an obvious violation of it, they could (and should) be in trouble.
Good luck,
Regan
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Answers by Expert:
Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit reporting.
Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports.
Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry.
I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA).
I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage.
In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.
Education/Credentials
BA - University of Minnesota
Past/Present Clients
(private)
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