Can we repo a vehicle if our debtor has filed for bankruptcy?

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Can we repo a vehicle if our debtor has filed for bankruptcy?

We are a creditor of someone that filed Chapter 13 bankruptcy. We financed a vehicle and the customer is still making payments throught the court. Part of the agreement was for the customer to maintain automobile insurance. A few days ago we got notice from the insurance company that the the policy was cancelled and the customer no longer has coverage. We have had no success in speaking with her attorney. Can we repo this vehicle at this point?

Asked on June 12, 2012 under Bankruptcy Law, Florida

Answers:

B Elaine Jones / The Law Office of B. Elaine Jones

Answered 8 years ago | Contributor

No you should not repo the car.  Once someone has filed bankruptcy you cannot take any further direct action against them.  If they were making payments through the Court then there must be a Bankruptcy Trustee involved.  You need to get in touch with him/her regarding this issue. 

B Elaine Jones / The Law Office of B. Elaine Jones

Answered 8 years ago | Contributor

No you should not repo the car.  Once someone has filed bankruptcy you cannot take any further direct action against them.  If they were making payments through the Court then there must be a Bankruptcy Trustee involved.  You need to get in touch with him/her regarding this issue. 


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