What to do if I am a creditor whose debtor filed bankruptcy but I was not correctly notified?
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What to do if I am a creditor whose debtor filed bankruptcy but I was not correctly notified?
I am the creditor of a debt in a title loan transaction. I was never notified by the debtors attorney nor I was included in the master mailing list, so I never received notice that my customer was filing Chapter 13. I just received a fax 2 hours ago. I am included in schedule D but I am not included in the repayment plan. Since I was not notified, can I repo the car? If not, when will start receiving payments on my account? I called the court and said I need to be included in he repayment plan. How do I include myself in the repayment plan? Can I still repo the car if they don’t follow the agreement?
Asked on October 20, 2014 under Bankruptcy Law, Arizona
Answers:
Greg Wiley / Law Office of Greg Wiley PLLC
Answered 9 years ago | Contributor
The fax is adequate notice. You cannot repo the car. File a proof of claim with the court. You need to get a creditor's attorney but if you repo the car, you will be liable for damages. Talk to a local attorney, they can easily assist you in this matter.
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