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Bankruptcy Explained: Personal Bankruptcy Can Stop the Repossession Action and In Some Cases Get Vehicles Returned.

Posted on Friday, March 20th, 2015 at 1:18 pm    

If you have fallen behind on your car payment and face the threat of repossession, or if your car has already been repossessed for non-payment, a personal bankruptcy filing can stop the repossession action and, in the right circumstances, allow you to recover your vehicle. You want an experienced attorney to handle these matters for you, one who has protected the rights of others in similar circumstances. Bankruptcy Lawyers offer extensive experience to people with concerns about the repossession of personal property.

Experienced  Attorneys Can Stop Repossessions

Whether you have just received notice that your property is subject to repossession or your vehicle has already been repossessed, a Northern Kentucky Bankruptcy Lawyer can help. If you still have possession of your property, theycan work directly with the lender to restructure or renegotiate the terms of your loan. However, in many circumstances, the most effective way to stop a repossession or regain your property is through a Chapter 7 or Chapter 13 bankruptcy filing.

Bankruptcy options include…

  • Chapter 7 – Depending upon your income, you may be eligible for total and permanent financial resolution absolving you from certain types of debt, and immediately stopping all contact from debt collectors, garnishment, vehicle repossession, medical debt relief, tax relief, and credit card relief.
  • Chapter 11 – For business owners only. Allows you to completely reorganize your business debts while keeping your business intact.
  • Chapter 13 – Allows you to reorganize your debts into monthly payments you can afford and still pay off the debt over a period of time established by the court. This can have long-term benefits demonstrating to your lenders your willingness to pay them.

Immediate Relief

If you a Bankruptcy Attorney before your property is taken, they can immediately file a bankruptcy petition, which will put an automatic stay in place, suspending all legal proceedings, including repossession actions. Even if your car or other property has been repossessed, they may still be able to get it back for you by filing for bankruptcy protection before the property is sold. The sheriff may have served you with an Order of Replevin or the tow truck may be there right now, but we can still help prevent repossession.

Regardless of where you are in the repossession process, time is always of the essence. Your best chance to stop a creditor from repossessing your property is to contact Lawrence & Associates right away. We are always prepared to take swift legal action in order to stop a repossession and protect our clients.

My Car Was Repossessed Right Before Filing a Bankruptcy…. What Should I Do?

Posted on Friday, October 3rd, 2014 at 1:35 pm    

repossessionAct Quickly, You May Be Able to Get Your Car Back

If your car is repossessed before you file for bankruptcy, you might be able to get the car back by filing for bankruptcy; however, you must act quickly! Generally, once the car is sold at auction, you won’t get it back. Therefore, you should contact a Kenton County Bankruptcy attorney as soon as your car is repossessed. Legally, if you have nonexempt equity in your car, the lender must return the car because it is part of the bankruptcy estate, and the repossession is considered to be an illegal preference. In practice, however, car loan lenders generally won’t return the car without an order from the court, which usually means you’ll need help from a Northern Kentucky bankruptcy attorney. Once you have the car back, you’ll still have to either redeem the car or reaffirm the contract in order to keep the car.

Chapter 13 Bankruptcy Can Also Allow You to Get the Car Back

If you were considering filing for Chapter 13 bankruptcy anyway, and do so quickly you may be able to keep your car. In Chapter 13 bankruptcy, you can repay any car loan arrears through your Chapter 13 repayment plan. So, if you can make your regular car note payment and your plan payments, you’ll be able to keep your car. The automatic stay applies to Chapter 13 too, so you should be able to stop any pending repossession sale.

Beware: If You Can’t Afford the Payments, Getting the Car Back May Not Be Your Best Option

Sometimes, getting your car back once it’s been repossessed is not the always the best option. Often, people are willing to accept any terms to get a vehicle back because they need the car, for example, to get to work. However, if you owe significantly more than the vehicle is worth and know you will have trouble keeping up with the payments in the future, you might want to contact an attorney and discuss your options.

If you or someone you know is facing repossession or has recently had his or her vehicle repossessed, contact Lawrence & Associates in Fort Mitchell, Kentucky today to get the help that you deserve!

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