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What if you have claimed bankruptcy and they have not tried to get the car back?
Wiki User
∙ 15y ago
By filing BK it puts the automatic stay on collection actions in place, which is Major portion of the BK protection...the protection portion in fact...and it means they cannot try and take the car back, but must do so as part of the BK process. The debt is part of the BK and the asset, the car, is part of the BK....all your assets are used to pay all your debts...and a secured debt, like that on the car, had to be reported in your filing as such (that lender gets first call on the money from the car).
If you didn't understand this, and if you filed paperwork with the court and swore to it being accurate and complete,but not understanding everything absolutely completely - you better get some legal help now...
The court will drop the case when the sworn statements you provided are found wrong...and you can (and frequently are) prosecuted for it as a fraud or contempt of court. Moreover, if you don't understand these things..you aren't going to get the best result for yourself anyway.
Wiki User
∙ 15y ago
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Can you get your car back after a repossession if you file chapter 13 bankruptcy?
In GA Can you get your car back after a repossession if you file chapter 13 bankruptcy
Where can one obtain a car loan after having claimed bankruptcy?
You can obtain a car loan after having claimed bankruptcy by applying online at the Cars Direct website. Cars Direct is well known for helping people with poor credit obtain an auto loan.
Can i claim bankruptcy on my car loan if I'm not behind on payments?
Bankruptcy is not claimed on individual loans, a bankruptcy involves all your debt. The fact that you are current on your car loan may make it easier for you to negotiate with the lender for the continued ability to pay for your car but it doesn't mean that you get to have it for free. The same is true of a home loan.
If you have a car repossession can it be settled if in several months you go into bankruptcy?
If by settled, you mean get your car back, no, unless the bankruptcy was filed before the car was sold at auction (unlikely to be several months).
If you filed bankruptcy in Illinois and have not made a car payment this month but notified the bank of the bankruptcy will the car be repossessed or will you be notified to return it?
If you are not going to reafirm the loan, in other words- keep and pay for the car, then yes the bank will want the car back. Usually they will try to get the car back shortly after your 1st court date when the court has oked your petition to go thru bankruptcy.
Can you get a repossessed car back by filing chapter 7 or 13 bankruptcy in Arizona?
This would be best answered by a good bankruptcy attorney who knows Arizona law. I believe no matter what you do bankruptcy or not, they will get the car, it does not wipe your credit clean.
When is the best time to give back a vehicle when bankruptcy is an issue?
IF YOU GOING TO FILE BANKRUPTCY KEEP YOUR CAR AND PUT IT IN YOUR BANKRUPTCY IF YOU NEED YOUR CAR. IF YOU JUST WANT TO GIVE IT BACK JUST GIVE IT BACK ANY TIME BUT THE LOAN STILL GOING ON YOUR CREDIT FILE SO IF I WAS YOU I'LL PUT IT IN WHAT EVER CHAPTER YOUR FILEING.
Where can one go to for advice on how to finance a car after one has been in bankruptcy?
Car lots are a great place to go for advice on how to finance a car after bankruptcy. They know the best lenders for you to work with to get your credit built back up.
When should i give my car back to the bank before or after filing bankruptcy in Alabama?
You give your car back to the bank after filing bankruptcy, the bank will ask your attorney for the vehicle back and give you a certain amount of time and the location to return it to. Definitely do not give it back before you file you will need to have it discharged legally from your debts.
Can you file bankruptcy if you caused a car accident?
Can you file bankruptcy if you caused a car accident?
What happens if you wreck your car after filing for Chapter 13 bankruptcy?
If you wreck your car after filing for Chapter 13 bankruptcy you can file it on your insurance. You can then replace your car based on the bankruptcy order.
How long do you have to wait to file bankruptcy after getting a car out of your name?
2 years, but a trustee might be able to use the state "look back" period where the bankruptcy court is located.
