QUESTION
Is there any way to get my car back from repossession while under bankruptcy?
Asked on Aug 25th, 2011 on Bankruptcy - California
More details to this question:
I did title loan because I was 83 dollars short. They repossessed my car, I am also currently under chapter 7. Is there anyway to get my car back?
5 ANSWERS
If the lender did not have permission to take the car, it violated the bankruptcy rules, so you should file a motion to find the lender in contempt.
Answered on Sep 07th, 2011 at 9:04 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Talk to your lawyer. Doubtful you'll get it back. They'll either have sold it or they'll try to charge you towing and storage fees (but if incurred prior to BK, they can't charge).
Answered on Aug 26th, 2011 at 12:23 PM
Glen Edward Ashman
You left out too much information to answer. If you got the loan after filing, your car is gone, and you may be in trouble for encumbering estate property. Discuss your huge blunder with your lawyer. If you got the loan before filing, they can repossess if you don't pay, but only in the correct manner. Discuss that with your lawyer. And if you made the huge mistake of filing pro se, get a lawyer.
Answered on Aug 26th, 2011 at 8:31 AM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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Your car cannot be repossessed while you are in Chapter 7 without court permission. Therefore, you are entitled to have your car brought back to where they took it. Contact your attorney about asking to have the car brought back. You might be entitled to compensation for your damages if the company knew you filed bankruptcy and the automatic stay was in effect.
Answered on Aug 25th, 2011 at 7:20 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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While you are in chapter 7 you can negotiate with the lender to get back your repossessed car.
Answered on Aug 25th, 2011 at 2:44 PM