Q: If I have filed for ch13 and am one month behind on my car payment and I have told them I am filing ch13 can they still
Take my car?
A: Not if you filed bankruptcy and this is your first filing. The bankruptcy acts like a shield. Creditors cannot exercise their ordinary remedies once you file. Even if this is a second or subsequent filing, the creditor would first have to ask permission of the bankruptcy court to release the automatic stay that is triggered when you file bankruptcy.
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