Q: my lender still took my car after I told them I filed chpt 7 I was also evicted
I suffered a heart attack and other disabling issues and could not work and my bills suffered too.
I filed chapt 7 and I was still evicted even though I filed an automatic stay to the court
I the clerk says she didn't have to send it up to the judge and it say in my case but ignored.
I told the lender I filed bankruptcy and they a few days later still took my car
why whats going on around me
A: Hire a competent local attorney to assess. I’d the landlord or the lender took these actions without seeking relief from the stay in bankruptcy court, they may have violated your rights as well as the stay.
A:
I am terribly sorry that all of this is happening to you.
Unfortunately it is not possible to give you an armchair answer from long distance. A lawyer will need to review the actual file. For example, there might not be a stay for someone who has filed multiple times. Or, a land lord who already has a writ of possession might not be subject to a stay. Go see a lawyer immediately if you seriously want to understand your rights.
A: I agree with my colleagues regarding the need for you to immediately meet with a bankruptcy attorney in your area. Did you have an attorney that assisted you in filing the case? If so, contact that person. Did the case actually get filed with all required documents? Have you received any notices from the Bankruptcy Court about your case? Seek assistance - many of us offer an initial no charge half hour consultation to see what might be done to assist you. Take action now.
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