How long to repo?

[ashydawn]

What is the name of your state?Ohio
Can you answer a couple of questions for me? No one else seems to be able to do so.
How long after a Chap. 7 case is discharged does a bank have to repo collateral?
Is it normal procedure for a house to be foreclosed on 2 years after a Chap. 7 discharge?
This is happening to my father-in-law right now. He is a very ill old guy who was forced to file Chap. 7 which was discharged in 2002. He was told he had 30 days to get out of his home of 40 years but the house sat empty until Jan of this year and then a foreclosure was done. Something was not done right with his case but I do not know what. I do not know what normal procedure is.
Now today, 2+ years later the bank is taking him to court over a old camper he had which was included in the 7 but no one ever came to repo it.
He got a summons in Ohio to appear in court on Sept. 9 or default. Of course the summons was dropped off at this house when he was out of town and he only had 5 days to file a answer. He did not even read the letter in time to do so. He has no money for a attorney. I have been trying to help him but do not know how. He is very ill. I just spoke to him on the phone and I am extremely concerned about how much worse he sounds. I am very afraid the stress is going to kill him. He is complaining of chest pains but cannot afford to even go to the hospital. This is a 70 yr. old man who has worked his butt off his whole life. This is just not right. He has nothing to show for a lifetime.
His car will be next. Both debts were discharged. Right afterwards he offered the bank some money to clear this up and was told someone would get back to him but no one did until now.
He also had several dump trucks which were repo-ed but one was left sitting up until July of 03.
Does this sound like normal proc. to you?

 

[Ladynred]

How long after a Chap. 7 case is discharged does a bank have to repo collateral?

There is no timeline, its up to the bank to get their property - some creditors won't take the property back if it has no value.

Is it normal procedure for a house to be foreclosed on 2 years after a Chap. 7 discharge?

I wouldn't call it normal if no payments have been made in 2 years ! This sounds rather extreme.

Now today, 2+ years later the bank is taking him to court over a old camper he had which was included in the 7 but no one ever came to repo it.

WHAT are they taking him to court FOR ??? If the debt was discharged and he chose to surrender the vehicle, what grounds can they possibly have for suing him ? They can NOT collect on the debt and its the BANK"S job to come get THEIR property - not his. On the surface, this sounds like a violation of the injunction of the discharge - violating BK law can get them into BIG trouble- provided someone knows that and fights them.

Sounds like some lazy bankers !! I wouldn't call any of this 'normal' procedure.

 

[ashydawn]

WHAT are they taking him to court FOR ???

To collect their collateral. They can't find his camper since it is not parked at his residence. They got a judgement on the 9th giving them the right to repo.

 

[Ladynred]

If he volunteered to surrender it, they already HAD the right to repo !! This just sounds all wrong to me. Is the camper hidden ? Have they made ANY attempt to get the camper since his bankruptcy ??

 

[InsulinRules]

Okay here's what you:

1) Collect the elder relative.
2) Get the copy of the bankruptcy discharge, and all the papers.
3) Go to the circuit court where the summons, judgment, blah, blah has been happening.
4) Find the court clerk. Show court clerk what is happening. Remember, the court has only heard one side. (IF the debt was discharged, and the property was available for a reasonable amount of time AFTER the BK, your uncle could have started charging storage on the vehicle.) Once the CLERK hears this, I'm willing to be the judge is going to want to hear about it to, and the clerk will direct you to file a motion or an appeal (even on a default judgment, there is an appeal process. Out of town, old, sick, and scared is pretty good reasons...as is "discharged debt"....)

Your uncle may wish to file suit against title holder for storage charges.

(Remember, clerks are NOT allowed to give legal advice or legal service....but many will give under the table hints. Like "Look, get a lawyer. He'll file an appeal. He'll find the way to do it on the court website. He'll need the following information...." HINT HINT.....)

 

[ashydawn]

It is now.

The camper is hidden now but it has not been. No one had ever contacted him since right after he went to court. Same with his last dump truck and car. The truck sat at the lot where he ran it from up until last summer when a guy called and said he was coming after it. This was about a year after discharge. His car is in limbo today. No one has contacted him - yet. He spoke to a lady from the bank in April 02 who was supposed to get back with him but did not. He owed app. $1000 and offered to send $300 to clear it. I got a copy of his credit report and mysteriously all 3 of these debts are left blank.

 

[ashydawn]

Okay here's what you:

Your uncle may wish to file suit against title holder for storage charges.

Can this be done through Small Claims Court or does it require a lawyer?