Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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Question: I recently was dismissed from Chapter 13 Bankruptcy. How long do I have until my car is repossed? I am meeting with my attorney to re file, do I have time? I live in California
Response: Unfortunately, you car can be repossessed at any time since you are no longer in bankruptcy. It is hard to say if you have time. You just need to make sure not leave your car in an open space--open parking lot. Otherwise, the car can be repossessed from there. It is a good idea to put the car in a locked garage because the repossession company cannot force the garage door open in order to repossess the vehicle. That would be a breach of peace if that happens and the repossession would be wrongful. See UCC-9-601 through 9-629, and California Commercial Code Sections 9601-9629.
What if the car is in my driveway,that has a gate. Can the repossesor open the gate to get my car?
Response: Unfortunately, if the gate is not locked, the repossession company can take the car from there. However, if you are home and the repossession company tries to access the gate and you refuse, the repossession must stop at that time because trying to force access the gate over your objections would be considered a breach of peace