Stop Vehicle Repossessions; or Get your Car Back
Even if your car has already been repossessed, you may be able to get it back after filing a Chapter 13 Bankruptcy case. When you file a Chapter 13 Bankruptcy, it immediately invokes a very powerful Federal protection called “the Automatic Stay” pursuant to §362(a) of Title 11.
Pursuant to § § 542(a) and 1306(b) of the Bankrtupcy Code, and consistent with the decisions rendered in In re Knaus 889 F.2d 773 (8th Cir. 1989), In re Diviney, 211 B.R. 951, In re Cepero, 226 B.R. 595, In re Jackson, 251 B.R. 597, and In re Berscheidt, 224 B.R. 579, a car lender who has repossessed your vehicle and who has not already legally sold it to a 3rd party with 10 days notice, is required to immediately return your vehicle pending confirmation of your chapter 13 plan.
If you are dealing with the possible repo of your car or truck; or even if your vehicle has already been repossessed, please contact my office immediately via email or at (972) 914-8372.