Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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You cannot legally repossess the vehicle while she is in bankruptcy because the automatic stay (11 USC 362) prohibits any creditors from making any collection attempts against a debtor in bankruptcy.
HOWEVER, you can file a motion for relief from the automatic stay, whereby you ask the judge to lift the stay as to your claim and the associated collateral, which will allow you to proceed with repossessing the vehicle from the bankruptcy debtor.
This is a fairly simple process, and because you have a secured claim (debt secured by collateral), the court should allow you to lift the stay and recover the vehicle. However, you cannot proceed without first getting a court order giving you permission.
A local attorney can file a motion for relief from the automatic stay for your business - - you will have to get an attorney to do this because a business cannot be represented in court by a non-lawyer.
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