Sedalia, MO asked in Bankruptcy for Missouri

Q: Hi my name is Crystal i have just finish paying off my chapter 13 . Can the car people come and take it.

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1 Lawyer Answer
Wendell James Sherk
Wendell James Sherk
  • Bankruptcy Lawyer
  • St. Louis, MO
  • Licensed in Missouri

A: Crystal, normally your Chapter 13 plan would include your car repayment in some fashion. But typically your car lender needs to have filed a claim and that claim needs to have been paid, either by you or through your Chapter 13.

The car lender will normally retain a lien on the car until they are paid what they entitled to under your plan or the loan contract so the car can still be taken if they were not properly paid. But if they were paid properly, then they may be required to release their lien if you receive a discharge.

So it is very important you discuss the car with your lawyer and be sure you understand what your rights and obligations are now.

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