What to do if I filed Chapter 7 and requested to keep my car but had to be hospitalized so the motion for an automatic stay was lifted and my vehicle was repossessed?

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What to do if I filed Chapter 7 and requested to keep my car but had to be hospitalized so the motion for an automatic stay was lifted and my vehicle was repossessed?

I filed but than had to be admitted to an inpatient treatment facility; I just got out. I am working now and they just recently collected my vehicle. Is there any way to get it back without paying a lump sum? The motion for lift of automatic stay was granted because I was in the inpatient facility and could not attend the hearing.

Asked on October 24, 2014 under Bankruptcy Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Did you have an attorney representing you? If so, this shouldn't have happened because your attorney would represent your interests without your presence.  Consider filing a claim with the state bar against your lawyer.  Then hire a new attorney. If you were pro SE, you need to contest proper notice. If you had proper notice, it would be up to you to request a delay. 


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