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 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.