Will filing a Chapter 7 get my car back if it was repossesed?

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Will filing a Chapter 7 get my car back if it was repossesed?

My car was reposssesed without any upfront notice while I was trying to arrive at a settlement with the finance company. Would filing assure me of getting it back?

Asked on March 30, 2012 under Bankruptcy Law, Maryland

Answers:

John Christiansen / McKell Christiansen Law

Answered 9 years ago | Contributor

11 USC 362 will prevent the car from being sold, without the company first obtaining permission to lift the automatic stay from the bankruptcy judge. You may have the ability to "redeem" the car before the finance company sells it. But filing a chapter 7 will not "assure" you of getting the car back. You may have other remedies available though based on your state laws if the vehicle was wrongfully repo'd. 


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