Stop Car Repossession in Georgia

April 14, 2019
Stop Car Repossession in Georgia
Kelly Bankruptcy
Stop Car Repossession in Georgia
/

Show Notes

Transcript:

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.

Episode Transcript

No transcript available...

Other Episodes

Episode 1

November 02, 2020 00:29:55

Radio Show #1 : Interview with Patrick Matson

Welcome to the first radio show with Jeff Kelly featuring guest Patrick Matson. Today we debunk the fears surrounding bankruptcy and ensuring that your bankruptcy experience is one that goes smoothly. ...

Listen

Episode

June 22, 2020

What happens to the credit score after bankruptcy?

Hello, this is Jeff Kelly. And in this podcast today, I’m going to talk about what happens to your credit score after bankruptcy. Am I doomed? For many years. What does my future look like? Will I ever be able to buy a new car at a decent interest rate? Will I ever be able to buy that house that I’ve always dreamed of? Is my financial future ruined forever as a bankruptcy attorney who has practiced in this area since 1998? I have heard questions like these hundreds of times. And the answer might shock you. The answer is this. Most people do recover within about two years, one to two years of filing Chapter 7 bankruptcy. How can that possibly be? You may say, well, first of all, usually by the time the clients come meet with me, the damage has already been done. Most potential clients have stopped paying credit cards. Many months ago, had cars repossessed. Been sued by creditors. Had wages garnished or had their house foreclosed. Any of these will put a major hit to your credit rating. For most people considering bankruptcy, like I said, the damage is already there. So the question is, what do we want to do going forward? Do you ever get a knot in your stomach when you think about your credit score? David, just feel sick to your stomach thinking about all that debt and the interest and late fees and just mess that’s hanging over you and it’s not going anywhere. Well, Chapter 7 might help make that pain ...

Listen

Episode

June 15, 2020

How to protect yourself from thieves in a Chapter 13 bankruptcy case

Hello, this is Jeff Kelly and Today is June the 15th 2020. And today I want to talk about how to protect yourself from theft in a chapter 13 with NDC.org. Every active chapter 13 debtor should open an account with NDC.org, the cost is free, but the information you see could be worth a lot of money and save you from theft. Having an account with NDC.org will allow you to see every single proof of claim that has been filed in your bankruptcy case and it will also allow you to verify that your chapter 13 payments are being received by the trustee. Years ago I had a client whose employer took money from her paycheck, but never sent it into the trustee. We caught the error and had to sue the employer to get the money paid. Having an account with NDC.org allows you to catch stuff like this. Proof of claim is a form signed under oath, with supporting documentation that a creditor must file in a bankruptcy case in order to get paid. The proof of claim will tell the trustee the type of claim and the amount owed. If a creditor fails to file before the deadline in your case, they won’t get paid anything. For example, let’s say you had a car repossessed a few years ago, and owe the car creditor $10,000. If they fail to file a proof of claim on time, you will not have to pay that $10,000. Let’s change up the facts ...

Listen