Legal Question in Bankruptcy in Ohio

Harrassment by Creditor After Chapter 7

We recently filed Chapter 7 just a few weeks ago. The creditor in which we had a van payment came and took the van away from us. They continue to harrass us with certified mailings. The one letter states that they are going to sell

the van at an public sale. They say that if they get less money than owed then we still owe the difference to the extent of the obligation that is not discharged and that the law allows this. So what are we supposed to do since I can not

pay for the van? That is why we filed bankruptcy because I am working part time due to a doctors recommendation. Also I am tired of going to the post office to sign for certified mail

for this van payment creditor. I thought when you filed bankruptcy that would stop the harrassment and threat letters. What am I supposed to do? I How can they send me letters stating I am going to owe them money and maybe garnish my wages since we filed bankruptcy? Can I also stop going to the post office to pick up their certified threat letters? The discharge on the bankruptcy will be in about 5 weeks.


Asked on 6/11/03, 5:46 pm

1 Answer from Attorneys
Steven Schiller Steven L. Schiller, Attorney at Law

Re: Harrassment by Creditor After Chapter 7

A creditor cannot repossess a vehicle in your situation, after the bankruptcy case has been filed, without seeking permission (stay relief) from the bankruptcy court. You can get the vehicle back. Even if it was repossessed before the bankruptcy was filed, there is a way of getting the vehicle returned. You may even be able to convert your case to a chapter 13 and pay less than the full loan amount, if the vehicle is worth less. If you don't want the vehicle back, don't be concerned about the statements in the letter: the creditor cannot collect any deficiency if the debt is discharged in bankruptcy. If you did not have an attorney filing your chapter 7 for you, that you can discuss this with, I would be happy to discuss it with you. I practice in both Ohio and Kentucky. You can reach me by email below, or at 513-241-8321

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Answered on 6/11/03, 9:31 pm


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