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  • Debt and Bankruptcy
  • Bankruptcy Law

If your car has been repossessed can you get it back when filing bankruptcy?

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βˆ™ 2015-07-16 19:20:14

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Quentyn, these questions are best asked of your B/K attorney. S/he will give you the legal advice you are PAYING for. Good Luck If your car is repoed and you've already filed for Bankruptcy (Chap 7) will you be able to ask for your car back if you still want to continue paying?

2015-07-16 19:20:14
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How can you find out if a garnishment has been stopped by filing bankruptcy?

Bankruptcy will not stop a garnishment. You cannot set aside civil judgments by filing bankruptcy.


If property has been seized before filing bankruptcy does stay apply to said property?

It depends on the nature of the seizure. A repossessed vehicle has to be returned i it has not been auction to a 3d party. If money was seized by a tax agency, maybe.


Does bankruptcy cover the amount you are upside down on a vehicle after it has been repossessed in Colorado?

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If you have been filed for a fake bankruptcy, then you can sue the claming party.


If a car is repossessed and sold at auction for less than the amount owed to the lender will filing bankruptcy discharge the remaining balance if it has been reduced to judgment?

It depends on the chapter. In either case, your remaining debt is now unsecured and a bankruptcy filing places the judgment on hold. If it is Chapter 13, file a claim and you may receive a percentage of the bankruptcy estate, but not usually until near the end of the bankruptcy term (3-5 years). If it's a Chapter 7, again, it's an unsecured debt and highly unlikely that the debtor will sign a reaffirmation to pay you back. If the bankruptcy gets dismissed (thrown out), your judgment is back in force, provided it has not expired.


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The bankruptcy law does not set a time limit for banks to foreclose on your home after filing bankruptcy. In fact, banks are prevented from foreclosing or continuing a foreclosure already in process upon the filing of a bankruptcy without first obtaining an order from the bankruptcy court allowing it to foreclose or continue a foreclosure already commenced.


If your car has been repossessed and you have not yet filed bankruptcy can you still be eligible to get the car back after you file?

If the car is gone, the car is gone. The car would only be covered in BK if you still had it. If you file Chapter 13 bankruptcy within 10 days of your car being repossessed, or in some states before it has been sold or auctioned, your creditor must return the vehicle to you.


Can an hoa collect after bankruptcy?

Yes. Assessments are due and owing on the date of filing and thereafter. If past-due assessments -- owed to the date of filing -- were listed in the bankruptcy filing, they have been handled by the referee and must be treated as subject to those rulings.


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How do you file bankruptcy to get a judgment off your driver license?

Filing for bankruptcy will have no effect on any judgement that has been applied against your dirvers license.


Repo then bankruptcy can you get the car back?

Interestingly, in some states, under certain circumstances, yes. However, if the car has already been sold by the ones that repossessed it, (which is very commonly the case), then there is no way.


Can you go to jail after your car has been repossessed and you don't want to pay the loan?

No you can't be sent to prison.You can declare bankruptcy .


Can you get a second mortgage after filing bankruptcy?

Yes, as long as the bankruptcy has been discharged, your credit score is 580+, and you earn enough income to support the additional loan.


What should a person do if their Chapter 7 Bankruptcy has been discharged but a vehicle that was to be surrendered has not been repossessed by the bank?

A person immediately contact their lawyer to assist on issue.


If you file for bankruptcy and your car is being repossessed through the bankruptcy with a loan on it and the car interior has been modified and damaged would you still owe anything on it?

If the car is being repoed then you owe something.


After 10 years could you go back into bankruptcy?

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What does reopening a bankruptcy case mean?

Usually, it means that more debt has been found, or it has been decided that debt already known can be included in the bankruptcy case. See the attorney filing the motion to have it explained.


What does it mean if your bankruptcy has been dismissed?

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Can you get your car back after it has been repossessed from the title loan company after I file bankruptcy?

Only if the car has not been sold, at auction usually. Some states require notice of the repossession and intended sale date. Consult a local bankruptcy attorney if you have filed pro se or pro per (without a lawyer), or your state Attorney General's office.


Can you get your engine back out of a truck after it has been repossessed?

NOT. Good try though. LOL


Do you list a car that has already been repossessed on your bankruptcy schedule?

Yes. Look under the Statement of Financial Affiars. There is a section for repos/foreclosure/garnishment.


What effect does filing bankruptcy have on liens that have already been placed on property?

Whether or not a motion can be filed and will be granted for a lien to be removed after the bankruptcy has been filed depends upon individual circumstances. The expungement liens can be very complicated and it is best to have the action undertaken by a qualified bankruptcy attorney.


Can you legally go and take your car back after it has been repossessed?

NO,thats Grand Theft.


Is it possible to get your car back after it has been repossessed for a second time?

Call the lender they will tell you.


What are your rights in Washington State after your vehicle has been repossessed?

Pay for the car and get it back, or pay the deficiency after it has been sold.