Legal Question in Bankruptcy in New York

Re: Automatic stay

You have to go to Court and have the Judge order it back.

Very truly yours,

Neil E. Colmenares, Esq.

Re: Automatic stay

The reason you probably filed for Bankruptcy is because you wanted to hang onto the truck. And now it has been taken.

The good part is that the repo company did not have the right to take the truck back after you submitted your bankruptcy petition to the court.

What probably happened is that the finance company contracted with the repo company before the "stay" (order from the court to stop any actions against you) was mailed to them. There was a gap in time where they acted and they won't admit that this loophole is not legal.

This is a simple matter to rectify: you must bring it to the attention of the judge assigned to your bankruptcy case. This is done bt 'motion' and does not require 'notice' to the other party, but the clerk will tell you that anyway.

If you need help, you are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029