Repo

[mike3d2]

I live in Missouri and filed chapter 7 bankruptcy in March of 09 and discharged in July of 09. I owned a Bobcat (construction equipment) at the time I filed and did not re-affirm it. I intended to let it go back to the bank. Before the discharge I saw where the finance company filed for relief from the stay so they could repossess it. Before the discharge the court granted the finance company permission to reposes it. So a month goes by after the discharge and the bobcat is still sitting on my property. I called the finance company and was given a phone number for the person who handles bankruptcy and repossession. I have left no less than 12 messages with this person wanting to know the status and telling them where it is and requesting them to come pick it up. The first message I left was in August 2009 and the 12th message the first week of December 2009 and I have not gotten a response from them. The finance company does not seem worried about picking it up or even calling me back.

My question is what do I do? Do I have to hang on to it or can I get rid of it? If I get rid of it can they later come back on me with a law suit even though it was part of the bankruptcy? Any help would be great.

[JCarson]

Have you tried writing them a letter? I always prefer written correspondence because it is documented evidence, especially if you send it via registered mail. Try that first and see if they respond.

However, it's not a good idea to attempt to sell it or get rid of it, because they know you have it and make come back to claim it.