Trenton, MI asked in Bankruptcy for Michigan

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?

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1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Bankruptcy Lawyer
  • Boyertown, PA

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.

Robert Keyes , Tristan Brown and Trent Harris agree with this answer

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