Can I get my car back through bankruptcy if my car has been repossessed?

In a chapter 13 you should be able to recover your vehicle without paying the loan balance.

In Arizona - probably, but you need to move quickly. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I am attaching a link to some free videos that explain how bankruptcy works: http://www.dianedrain.com/bankruptcy-for-an-individual/ Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www.AVVO.com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.

Yes, you can. You need to make sure that you file for bankruptcy before the auction is held on the car. The only thing that you need to get the car back after you file is proof of insurance. I have filed hundreds of Chapter 13 bankruptcies and dozens to get a car back successfully. We can also modify the car loan to the amount that the car is worth and you would not have to pay anymore than that.

Yes, through Chapter 13.

Filing bankruptcy within 10 days of a repo can get the car back, but very soon, you will have to figute out a way to bring the payments current. In Chapter 7, the amount of time you have bankruptcy protection is very short, sometimes less than 2 months.

Probably NO. The Eleventh Circuit Court of Appeals held that in FL once the vehicle is repossessed, you lose any interest in the vehicle. If you want it back, you need to pay them or work out a deal.

You should meet with a bankruptcy attorney IMMEDIATELY to determine whether a chapter 13 filing is a realistic option for you.