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Anonymous
can the financer repossess my car, if my chapter 13 gets dismissed? I plan to file a new bk immediately. But, since I haven't been able to forward payments in the meantime, am afraid that my car isn't protected.
Last Updated on: Fri, 8 Jun 2018
Right. There is a 30 day limitation for automatic stay on a subsequent bankruptcy filing, if the second case is filed within a year of the first dismissed bk. Again, if you have two or more previous cases within the year before the recent date of filing, the automatic stay may not even come into existence. In any case, you'll have to file a motion to have the stay protection. As it has been said earlier too, the situation can involve a lot of knots. Consult an attorney, as soon as possible, and definitely before the dismissal.
Well, your car is protected by the automatic stay that accompanies a bankruptcy filing. The creditor or lender can't repossess it, unless the stay is removed. Unless, the financer files a motion of relief, the stay will be protecting your car. But the stay lifts if the case is dismissed.
Make sure you refile immediately, but understand that the stay will be limited during the subsequent refiling. You'll also need to file a separate motion to extend the stay along with the bk filing. And don't try to do it alone, since lots of 'if'-s and 'but'-s are involved . Seek attorney guidance immediately.