You can only keep the vehicle under two circumstances: (1) sign a reaffirmation agreement and keep making payments; or (2) redeem the vehicle by paying of the balalnce. If you fail to do either, they lender can get permission from the bankruptcy court to repossess the vehicle. In some states, such as Missouri, you may keep the vehicle if you continue to pay on it.
No, once a vehicle is repossessed it is no longer your vehicle. The only way to get it back is to make some sort of arrangement with the financier for you to keep the vehicle. This is usually paying off the missed payments, or even paying off the full balance. What you have to do to get it back is dictated by the financier.
This is not a question. The truck could not legally be repossessed after the filing of a bankruptcy. Notify the creditor of the filing, giving the court's location (District of ?) and docket number. If you don't have a lawyer, send it by certified mail, return receipt and by regular mail, and make sure you keep a copy for yourself. If you've gotten a notice of your 341 meeting, send a copy of it to the creditor as well.
Banks often keep repossessed vehicles in their parking garages. or in an appropriate storage area a reasonable distance from the bank. Walk into the bank and ask for the person in-charge of repossessed vehicles. Once onto the right department, state that you wish to purchase a particular repossessed vehicle when the title has cleared with the bank...and don't be intimidated into thinking you can't bargain, you can. Good luck.
If the lender repossessed the car while case was pending and you were protected by the automatic stay, the repossession was illegal and you should be able to get the park back by filing the proper motion with the court. If the case is over, you need to make the payments and have adequate insurance to keep the car if you did not sign a reaffirmation agreement. If they legally repossessed the vehicle and sold it, you are out of luck but you are free from paying any deficiency. Consult an Arizona attonrey to determine if the seizure was legal under the laws of your state.
Not if its a chapter 7 BK; there is too much equity (value) in the car (since most vehicle exemptions are about $3,000 or lower. If filing chapter 13, it might be possible to keep the car. But if its a chapter 7, it is highly likely that the car would be seized and sold off by the BK trustee to pay off your creditors, or make you pay the difference between the car value and car exemption. (and before you ask- NO, do NOT sell your car to friends/family/neighbors, etc... for a $1)
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