Q: Can my car's title holder still repossess my vehicle if I've filed for bankruptcy?
A: If you file a Chapter 7 that will slow the process of repossession down because there is an automatic stay imposed which prevents creditors from collecting and in your case repossessing the vehicle temporarily. However, the lender will likely file a Motion to Lift the Automatic Stay and unless you object and can work out a deal with the lender to get caught up on the payments the automatic stay will be lifted and they can repossess the vehicle. If you file a Chapter 13 and put your arrears in a payment plan and continue to follow the plan and make all the payments you can keep your car.
A: Yes, if you don't pay for the car, come to an agreement on how to pay for the car, or make some other deal on the amount owed. The creditor cannot act unless 30 days has passed from the time of the creditors meeting AND the debtor has not taken any action to follow through on his/her Statement of Intention to reaffirm, redeem, or surrender the personal property subject to the loan and lien. At that point, the automatic stay evaporates and the creditor may repossess.
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