What can happen if vehicle is repoed after you file bankruptcy?
Both husband and I lost our business because of the economy-in construction. We are unable to collect unemployment. We have an small income coming in from another source. When we could not make a payment in early March we called Ford Motor Credit to discuss the situation. They stated that they were all for working with us they did not want the vehicle back. They would send us paperwork to have the loan rewritten. Never got the paperwork. So we called again asking for the paperwork. Person we talked to said there was nothing listed about that she just wanted payment. We went round in circles. Finally on March 23, we spoke to someone who knew what we were talking about and said the paperwork would definitely go out. Still have not received paperwork. Also explained that we were going to file bankruptcy. Bankruptcy was filed on March 30th. Ford Credit got notification of filing on March 31 though E-mail-verified by attorney. Sunday evening April 5th. 2 thugs came to repo the vehicle. The repo guys thought it would be an easy take. However, the key Ford sent them didn’t work. They were really pissed, came pounding on the door and yelling open the door we want the keys or they would tow it. They were going to get it no matter what. Said we had filed bankruptcy and they could not take it. While I went to get the notice we got from the court. They continued to bang on the door and yell. My son in the meantime called 911. Showed them paperwork we got from the court through the glass door. I am female and these guys were hugh and the way they were acting I felt my safety was in jeopardy. They said the paperwork was garbage and they had a legal court order to take the vehicle. Got notice to pick up the vehicle on the 3rd. Husband came home and they were all over him. Told them all the cops had been called and they got even madder. I told them that they had no right to come to my house, continually bang on the door and yell and they were very threatening where I felt my safety was in issue. They guy rushed towards me and his face came so closed to mine that I could smell his breath. He is twice my size. My son thinking the guy was going to hit me came running up and pushed the guy away from me telling him to get away from me. Then the repo guy also decided to call the cops. Just before the cops came they settled down. I told the cops what happened, said they guys were definitely out of control in the manner in which they did this. Cop said to let them take the vehicle, Ford could be held liable. By the time the repo guys left with the vehicle things were calm. Monday morning we called our attorney, he told us to call Ford Credit and yes they had been notified of the bankruptcy and the paperwork we showed these guys was a legal notice from the court. Just as we were going to call Ford Credit, Ford called. Some guy wanted to discuss the missed payment- which is another violation. He had no clue that we file BK and that the vehicle had been repoed. Stunned-or seemed to be-when I told him of the treatment we received Don’t’ these departments talk to each other. He wanted to know what he could do to make this situation better-guess he was trying to cover for Ford. What recourse if any should we take-have not discussed options with attorney yet? Today we have to call Ford back at a number what was given us to reclaim the vehicle and then call the attorney back. Help, what should we do as far as Ford is concerned? This whole thing has left me a mess, cant sleep, eat, I am still so nervous my hands are shaking. Please save the nasty comments for another time. The repo guys said it all.
To Missy it was the only one payment missed, and as of yesterday it is 2. You got the whole story. Also, attorney said that the vehicle was protected under the bankruptcy code. We can decide if we want to reaffirm or whatever you call it. Attorney also told us to call and get to the vehicle back. At this point, as suggested, I don’ think I want it back.