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My Car Was Repossessed After I Filed Bankruptcy-What Do I Do?

Posted By Alan J. Fisher, PA || 18-Jul-2014

Has your car been repossessed after you filed for bankruptcy? If so, you may be in shock and wondering if there is anything you can do to get your vehicle back. In this type of situation, we advise you take immediate action to contact our firm and speak with Attorney Alan J. Fisher about your situation. We are well-versed on bankruptcy laws and understand, in no uncertain terms, the protection a debtor is afforded when he or she files for bankruptcy. Our founding lawyer has assisted in more than 15,000 bankruptcy cases over the past 25 years and our entire legal team is committed to doing everything we can to protect our clients' rights.

Once an individual files for bankruptcy, an automatic stay will be issued to bring a halt to any collection efforts or pending legal actions. Repossessing a vehicle after a debtor has filed for bankruptcy protection is a violation of the automatic stay injunction issued by the court. Unless a lender obtains specific permission from the bankruptcy court to move forward with pending legal actions, he or she is not allowed to do so. In most cases a car lender will only repossess a vehicle in bankruptcy if the lender is unaware the debtor filed for bankruptcy or the lender does not understand what an automatic stay means.

In either instance, our firm will be able to contact the lender on your behalf and provide him or her with the notice of your filing. We will then request the lender release your car back into your possession. If the lender refuses, we will take the time to advise him or her of the implications of violating a court-ordered, automatic stay and do what we can to get your car returned to you post haste. If necessary, we can petition the court and ask that an order be issued requiring the car lender to return your car to you at once, as well as pay sanctions for any expenses you had to incur as a result of the repossession.

If you need help getting your car back after it has been repossessed during bankruptcy, call our firm at once. We will not judge you. We are here to advocate for your rights and help you achieve the most optimum resolution to your case.

Categories: Bankruptcy, Repossession