If your car hasn’t been repossessed
If your car is in danger of repossession, then bankruptcy may be a good option. Filing a Chapter 13 bankruptcy will cause the automatic stay to go into effect. The automatic stay prohibits your creditors from taking any action to collect on their debt. Repossessions are included and all repossession efforts must stop once a bankruptcy case is filed. The automatic stay is designed to give you a breathing period so that you can get your finances in order. If you propose to pay for the car in a chapter 13 plan and you can afford the payment, then the creditor will not be able to repossess the car during your entire bankruptcy case as long as you keep the car insured and make your bankruptcy payments on time.
If your car has already been repossessed
Fortunately, you can sometimes get your car back by filing for bankruptcy. Finance companies have to wait 10 days before they sell your car or truck. If you contact us early enough within that 10-day window and start bankruptcy proceedings, we can stop the repossession process. If you wait past that 10-day window, we will usually be unable to retrieve your vehicle for you as it will have already been sold.
Vehicles that we have saved from the auction block include cars, trucks, motorcycles, boats, and recreational vehicles. One exception to this rule is for title loans. If you have a title loan on your vehicle, then bankruptcy cannot be used to get your car back after a repossession. If your car has not been repossessed, the bankruptcy will stop the creditor from repossessing it once the case is filed.
Call The Rollins Law Firm at 601-202-3942 or contact us online to learn more about how you can get your car back and get a fresh start.