A Chapter 7 Bankruptcy will not force the auto dealer to return the car to you, it will simply stop the process of switching over the name to the auto dealer if that has not been done at this point. In chapter 13 bankruptcy you may regain possession of the car, as the debt will be repaid. And every possession of an automobile, no notice is required, as most people would simply hide the car if they knew when the car was getting repossessed. A chapter 7 bankruptcy, the only way to keep something that has a secure interest in it such as an auto loan or a home mortgage, is to make all payments current. In a chapter 13 bankruptcy, a repayment plan to repay the debt would be needed to keep the automobile.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Feb 20th, 2012 at 12:06 PM