Asked 10/26/2011
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Bankruptcy I filed chapter 13 bankruptcy and the court trustee wouldnt let me put an a.t.v and lawn mower on my plan i lost my job due to the econamy and sold the mower and atv to pay bills .The repo company the lender hired told me if i didnt surrender the mower and atv I would be arrested can they do that or is that the repo mans way of trying to scare me just so he gets the mower and atv so he can get paid from the lender |
Answer 1/3 - Submitted 10/26/2011
The repo man is trying to terrorize you. However, you shouldn't have sold the mower and TV because the lender had a lien on them until you paid up in full.
Considering you're in deep water and filing Ch 13, then you have to do everything possible to pay everyone every amount that you owe, or at least exhaust all your funds in trying to do so.
You must go through financial counseling anyway as a prerequisite to getting into bankruptcy court. Notify the lend (and its repo guy) that you're in Ch 13 bankruptcy and the court ordered you to pay off all your bills. Tell them you are not allowed to transfer any property without court authorization, and that you'll be making full payment on the loans, but must await the court order in the Ch 13 proceedings.
All your assets and accounts are frozen pending Ch 13 proceedings. Tell this to the creditors.
Answer 2/3 - Submitted 10/26/2011
No, they can't arrest you, nor can they threaten you with arrest. You've committed no crime. The lender took the risk extending you credit, you didn't steal the things off his showroom floor.
Report them to your state Attorney General's office and the Federal Trade Commission for violating the Fair Debt Collectin Practices Act. You can read more about what a creditor can or can't do here: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cr e18.shtm
Answer 3/3 - Submitted 10/27/2011
In the UK if you buy goods, such as an ATV or more, under a hire purchase agreement you don't actually own the item until the last payment has been made and you have settled the debt. Whilst you are paying off the debt for the item you are responsible for insuring it, maintaining it, making sure it is secure etc. however you are not allowed to sell it on without express written permission from the lender.
If the law in your country is the same as it is in the UK then you are liable to pay all outstanding amounts on the ATV and the mower, however you would have declared this when filing for bankruptcy. When you are going through bankruptcy there is a freeze on all your assets whilst the liquidator sorts out all of your affairs so, even if you wanted to, you cannot surrender the ATV and mower. You need to tell this to the repo man although there is nothing he can do about it.
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