QUESTION
If my truck has been towed, can I put it under chapter 13 to get it back?
Asked on Sep 28th, 2013 on Bankruptcy - Colorado
7 ANSWERS
William M Stoddard
Maybe, but I doubt it. Once they take repossession the terms of the contract control. If you failed to make payments and the contract allowed this remedy, once they took it, they "own" it again, Filing a chapter 13 only allows you to get rid of any overage if they do not sell if for enough money.
Answered on Oct 07th, 2013 at 5:24 AM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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You only have a short time to file a Chapter 13 if you want to recover a vehicle that has been repossessed. If the vehicle is sold by the lender in the ordinary course of business and pursuant to law, you cannot get the vehicle back.
Answered on Oct 01st, 2013 at 12:21 PM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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Yes. You can get your car back through a chapter 13 if there has not been too much time since repossession. Time is of the essence however. If you do not take prompt action, bankruptcy will not be able to help you.
Answered on Oct 01st, 2013 at 4:49 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Depends, but the answer is usually yes.
Answered on Sep 30th, 2013 at 8:31 PM
Yes. Once you file, the creditor should voluntarily release the truck (except that you would need to pay the towing and storage fees). If not, we file a turnover action.
Answered on Sep 30th, 2013 at 7:56 PM
2 Awards
Yes, as long as the vehicle is still in your name and it has not been sold.
Answered on Sep 30th, 2013 at 4:39 PM
Deborah F. Bowinski
You need to sit down with a lawyer to look at your options. Depending upon your state laws regarding repossessed vehicles it may be possible, but a case would have to be filed fairly quickly and your plan would have to provide for the cure of arranges on your vehicle loan.
Answered on Sep 30th, 2013 at 4:38 PM