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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Can a car title loan company refuse to return my car if I file

Customer Question

Can a car title loan company refuse to return my car if I file for bankruptcy?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

has the car been taken due to lack of payment?

WALLSTREETESQ :

if your car is repossessed shortly before you file for bankruptcy, you may be able to get the car back if payment of the arrearage is provided for in your chapter 13 repayment plan and you are able to continue making your monthly payments, if you filed a chapter 7 after repossession and can make the payment of arrears, you can ask the Court to force them to return the care, it is not a guarantee,

WALLSTREETESQ :

If a warning was not sent prior to repossession, the the as a debtor you may be able to reaffirm the debt by paying the balance due and fees within 15 days. Otherwise, the debtor may be able to pay off the entirety of the debt to regain possession of the vehicle.

If no agreement to reaffirm or pay off the debt is made, the lender will typically sell the vehicle at auction to recover the full amount of the loan. At this point, the debtor may still be able to regain control of the repossessed vehicle by successfully bidding on the vehicle.