Questions
regarding your vehicle:
Can I stop them from taking
my vehicle if I am behind on the payments?
You can always keep your vehicle when you file bankruptcy. One
choice is to keep making payments to keep your car. Another choice
is to set up a new consolidation of your payments through a Chapter
13 so that you will not have to be concerned about catching up the
back payments. This usually results in a reduction in the amount
and interest rate you will have to pay. The attorney will explain
all the considerations involved in this choice.
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They just repossessed
my vehicle, can I get it back?
Yes. If you will come in to see the Attorney before the Banks
sells the car/truck at auction, the Attorney can almost always get
the vehicle back for you. (The bank must wait at least 10 days before
auctioning the vehicle to give you a chance to consult with an Attorney.)
Banks usually wait longer but do not push it.
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They just repossessed my
vehicle, will I still owe money?
You usually will not owe any money if you file for Bankruptcy.
It does not matter whether you were purchasing your vehicle or leasing
it, the remainder due under your car note or lease is discharged
in Bankruptcy.
If you do not file bankruptcy the following will take place: When
your bank gets the vehicle back, the bank will auction it off at
a dealer auction which brings very low sale amounts. The bank subtracts
what they receive at the dealer auction from the remainder due under
your car note or lease and bills you for the difference. This is
called a "deficiency balance". It does not matter if they
pick it up or you voluntarily return it, you will owe a "deficiency
balance". If you do not pay, the Bank can then sue you for
the money and levy on your income and assets.
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Can I keep my car or other
property?
When you file bankruptcy, one of the choices will allow you
to keep all your property. The Attorney will explain how this will
work in your situation. If you choose a Chapter 13, the Attorney
can often reduce your car payment and the interest you have to pay.