Q: Car was repoed. I filed chapter 13 bankruptcy. How soon will I have a case? Also when can I get the car back
After filing will I get the car back?
A:
One provision of the Bankruptcy Code requires anyone in possession of "property of the estate" to promptly turn over whatever is held to the estate, i.e., to the debtor.
Another provision of the Code requires the debtor to provide "adequate protection" to the holder of a secured claim upon any property of the estate. Adequate protection, especially in the case of an automobile that depreciates rapidly, usually means regular monthly payments to the secured creditor.
Your bankruptcy lawyer should contact the secured repo creditor without delay about returning the vehicle. If you have filed your proposed Ch. 13 Plan, bankruptcy courts often consider that, in itself, to be adequate protection (if the Plan provides for payments to the secured creditor). Your bankruptcy lawyer should be well acquainted with how your assigned judge handles these issues.
Tristan Brown , Robert Keyes and Trent Harris agree with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
