Hello, this is Jeff Kelly and today I would like to talk to you about stopping a car repossession in Georgia. Whenever you file a Chapter 13, your creditor is barred from repossessing your car. If you file a Chapter 13 bankruptcy, your your car is protected by what’s called the automatic state. Now, just last week, I was meeting with a client who said, Hey, I, you know, I can’t file on my car, because I signed a contract that said that I can’t file bankruptcy on it.
Well, here’s the truth about that situation. Number one, you cannot sign away your constitutional rights. So it really doesn’t matter what your contract says. If you file chapter 13, your car is protected. Secondly, whenever you file any type of bankruptcy case, you have to list all of your dads and all of your assets. So you cannot pick and choose which ones you’re going to listen Lift everything. And we again, we do not need the permission of the car company to protect your car. Now, it’s very important that you get a case number before that car is repossessed if you got a bankruptcy case number, and they come and repossess your car anyway, the car company is setting themselves up to get sued. Your bankruptcy attorney can file what’s called an adversary and car company can end up having to pay damages. Now, let’s say you’re in a situation where your car has already been repossessed.
Well, if you live in Georgia, you really need to go see a bankruptcy attorney as fast as you can. Because typically you’ve got about 10 days to get it back. Now in Georgia, for your car creditor to be able to sue you for any type of a deficiency. They’re going to have to send you what’s called the 10 day letter. And in this letter is going to Say, Hey, we’re going to auction this car off on this date. And after that, we’re going to sue you for the difference. So typically, when a car gets repossessed, the creditor is going to hang on to it for 10 days. So they will be able to set themselves up so they can come after you later. So if the car creditor is still in possession of the car, and you file and get a bankruptcy case number, then you’re going to be able to get the car back. Now, you know, sometimes we have issues with these little by here pay hears and they say no, no, you know, I read somewhere that I don’t have to get the car back because I got it before you filed well. That’s not true. They’re still gonna have to get the car back.
So we’ve had situations before where, you know, we’ve heard this from buy here, pay here, and then the car creditor says, I don’t have an attorney. I don’t want an attorney and I don’t care what you say I’m not going to do anything. You don’t get the car back. So we found the adversary, well, you know, then we call him up and say, Look, we’ve got a lawsuit now what are you going to do about it? You know, you need to get the car back and the guy says, Well,
I’m still not getting the car back. I don’t care what you say. Well, the next step after that is, we’re going to call the judge and see if we can get it set down for an emergency hearing. Because in that particular case, my client needed the car to get back and forth to work and she was going to lose her job and putting the car back. Well, guess what? judge sat down for an emergency hearing two days later. And, you know, judges get really upset having to do emergency hearings. And so, you know, this car creditor was really setting himself up to get severely penalised by the bankruptcy judge. Fortunately for him, he immediately gave the car back. So, again, if you’ve had a car repossessed Your case has been filed, you’ve got damages.
If a car has been repossessed, and you don’t have a bankruptcy case number, you need to get in there to see a bankruptcy attorney as soon as you can. Now, if the car creditor has repossess the vehicle and sold it before you filed, you’re not going to be it’s gone even if you fall maybe after that, but they would never the car company would never be able to sue you for any type of deficiency in the state of Georgia. Because they’re supposed to give you that 10 day letter. And that usually almost never happens. But you know, some of these crazy Buy Here Pay hers, they might repossess the car one day, sell it the next. And if there’s no bankruptcy case number, we got a problem if there was a bankruptcy case number, they’re in violation of the automatic state. All right, if you have any more questions, please check out my website, www.Kellycanhelp.com I’ve got over 200 articles about bankruptcy, and I am required to read this little disclaimer here.
Nothing on my podcast or my website constitutes legal advice. If you want legal advice you need to go see a bankruptcy attorney. No attorney client relationship exists until we have a written contract. We are a debt relief agency and we help people obtain relief from their creditors by filing for bankruptcy. wish the best of luck. Thank you.
Have a great day.
Why am I getting so many letters from bankruptcy attorneys? Transcript: Hello, this is Jeff Kelly. It is May the 10th 2019 and today I want to do a quick podcast here on “why am I getting so many advertisement letters from bankruptcy attorneys”. So, the number one reason that you’re getting so many letters from bankruptcy attorneys is because you’re being sued in your local court. My law firm, and most bankruptcy law firms, do a lot of direct mail marketing. If a creditor sues you in your local court, that’s public record, and we get access to that and we send out letters to let you know that we can help you. And my law firm, we offer a free consultation for anybody wants to come in and go over their income and their budget and see if we can come up with a plan to deal with whatever the situation is. I would encourage anyone who thinks they are about to be garnished to give us a call at 7708818449 to see put a stop to it because you don’t want to ignore the problem. Ignoring the problem is the absolute worst thing you can do. Here’s what’s going to happen. Usually after you start getting those advertisements pretty soon the sheriff is going to come out. And the sheriff is going to serve you with some papers. And on these court papers it’s going to have the name of the creditor that’s suing you, and maybe somebody that you don’t recognize. But if you if you read closely, you’ll see in there that the creditor that you don’t recognize probably bought the debt from ...
Transcript: Intro Speaker: It’s time for KellyCanHelp hosted by Jeff Kelly, Attorney at Law with the Law office of Jeffrey B. Kelly. And now here’s Jeff Kelly. Jeff Kelly: Okay. Welcome to the show today. Thank you, Mr. JD Houvener really appreciate you being here. I’m looking forward to talking to you about patents and helping my my listeners and former clients learn all about it. So JD, could you tell us a little bit about yourself? JD Houvener: Absolutely. Yeah. And, Jeff, thank you for having me on the show. This is a it’s a pleasure. I’m a patent attorney, and I’m the owner here at Bold Patents Law Firm. We’re based out of Mountlake Terrace, which is just north of Seattle, Washington. And we help inventors get patents, we were pretty passionate about working with solo and small inventors, small businesses that is, and really, without regard to any kind of technology. So you name it from your, as seen on TV type gadgets, you know, to high powered software apps, were really kind of across the board. Jeff Kelly: Excellent, excellent. So how many years have you been in practice? JD Houvener: Just over five years. Jeff Kelly: Okay, where’d you go to law school, JD Houvener: went to Seattle, you just right here in South Seattle, and went ahead and got my MBA as well from there is great institution. Jeff Kelly: Excellent. How about your undergrad? JD Houvener: University, Washington, graduated with an industrial engineering degree from there and kind of a funny story you got went off and chase that engineering dream for a bit, I worked for 10 ...
Transcript: Hello, this is Jeff Kelly and today is March the 4th 2020 and today I would like to talk to you about corona virus and bankruptcy. Now, when you first hear this title, you might be thinking to yourself, what in the world could Corona virus possibly have to do with bankruptcy? How could they be connected in any way, shape or form? And my answer is that our bankruptcy system will be crucial in assisting the citizens of our country in recovering from the economic fallout of the Corona virus. Over the past few weeks we have seen the Dow Industrial drop, about 12% and personally I think it’s going to drop a lot more. I am not a Financial Advisor. I am not giving financial advice to anybody, but I’m just telling it personally, I would not be shocked to see a drop to 16,000 before it’s over. Now, if you go to my personal Facebook page, you will see actually that I did predict the massive drop right before it happened. And I think this Corona virus crisis is probably one of the most predictable that we have seen in our lifetime. And we have seen it coming and medical experts are saying that if you catch it, it can take as long as three weeks to fully recover. So, how’s that going to impact the average American worker? Well, most average people don’t get a lot of paid sick leave from work. So you know what’s going to happen to the average person that’s out of work for three weeks and ...