Great link for additional information on this. Makes sense that if bankruptcy attorney can act before auction sale a return of the vehicle is possible, if the debtor can afford the payment.

Steve

I believe Steve has given you a sound answer. I personally have not run into this issue yet, and although I am an attorney practicing bankruptcy, I am not offering legal advice with this comment.

Most bankruptcy attorneys provide a contract or retainer agreement. The agreement details the work they will provide, typically it is limited to preparing and filing your bankruptcy petition. No guarantees are made. Filing bankruptcy is very detailed and tedious work (for both you and your attorney), and is generally at a limited fixed fee. Your attorney is most likely not going to continue to call you and remind you that information is still lacking. He/she probably notified you either in person or by some other means letting you know that you needed to provide more information before they could file your petition.

Regarding the repossession. If your attorney is not aware of an imminent repossession or other action, he/she can not give you good advice regarding quick proactive measures. I know in the district court I practice in, the trustees scrutinize the attorneys. It is basicaly three strikes and you are out. Dumb mistakes and premature filings are not tolerated. Emergency filings can be made, when justified, but then completed documents need to be filed within 15 days.

Are your attorneys now aware of the repossession? If not, you should make them aware and ask for assistance.

For additional information on this subject, you might read this post http://tinyurl.com/cnjtfy It is too long to place in this comment, but it reinforces and elaborates on Steve’s answer.

Best of Luck

Jeff

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