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Car Repossession: Can a Person Get the Car Back After Filing Bankruptcy?

Updated: Feb 21, 2023

Are you over your head in debt, so much so that your car was repossessed? If you were to file for bankruptcy, would you be able to get the car back?

Let’s find out.

Car Repossession

A car is repossessed when you fail to make payments on the vehicle for multiple months in a row. Car repossession does not require your permission. A tow truck can show up and take the car without your knowledge because, technically, it no longer belongs to you if you have not made payments.

Getting the Car Back After Filing Bankruptcy

Depending on the type of bankruptcy filing that you qualify for, you can either renegotiate payments, pay off your car altogether, or show proof of bankruptcy and a new capacity to pay the monthly fee to get your car back.

Chapter 13: Pay off your vehicle to redistribute assets during a Chapter 13 case. You will likely regain ownership of your vehicle within 1-2 business days.

Chapter 7: Pay off or get some bigger debts discharged in order to afford payments on your vehicle. Show proof of available income after bankruptcy to show a good standing with your finances. The less debt you have, the more money you will have to pay your car payment each month.

After either bankruptcy, you may also be able to negotiate lower payments to show your willingness to continue paying off your debt in a more realistic way. Work with a lawyer to negotiate your payments and show authority in getting your car returned.

Losing your car feels like a loss of freedom. Do whatever it takes to get it back so that you have transportation to and from your job and can work toward getting out of the red zone with your finances. It isn’t easy to admit defeat by filing for bankruptcy, but sometimes that is your only option.

Miles & Hatcher, LLP, can help you get your car back after repossession. Whether you need to file for bankruptcy or consolidate your debts, we can help you come to the right decision. Call to get started on your case: (909) 481-4080.

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