Ch 7 -- old law

[lostsoul23]

What is the name of your state?Ohio
I filed CH 7 on 10/15. I thought I had made it clear to my atty's office the correct address for the current lien holder on my car, but, it recently came to my attention that they have the wrong address listed in the petition. I sent them (attys office) a letter telling them that they have the wrong address listed, and, as a result, the current lien holder hasn't been advised of the bankruptcy. Any other course of action I can take? Secondly, I was going to keep the car (reaffirm) but have since changed my mind on it. Do I need to advise the attorney before the 341 date? And how soon can the creditor come for the car if I don't reaffirm? Thanks!

 

[bigun]

I'd keep the lawyer in the loop. Call and confirm receipt of your letter and the cahnge in reaffirming the car.
That's no big deal. A reaffirmation requires that you sign and properly file the agreement with the court for it to be valid. Just don't sign anything.
You are protected by the automatic stay. They'll have to file for relief from stay before they can repo.

 

[liquid8or]

Be advised that the bankruptcy court and attorneys practicing in this area are currently SWAMPED. Keep copies of everything that you send. If the attorney does not straighten it out for you, the auto finance company WILL be calling asking about their payment. Be prepared to provide the name of the attorney, CH 7 trustee and your case number. It is on some of the docs you have in your possession and starts 05-xxxxxx. Make sure you have a copy of the filing as it MAY help you out if the repo man shows up. He is barred from taking the car right now, but might not care. See the above MAY.

Hope I never meet you in a professional capacity......