Bruce, MS asked in Bankruptcy for Mississippi

Q: can they come pick my truck while i am in chapter 7 bankruptcy

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2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. Not without first getting relief from stay from the court.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: When you file for Chapter 7 bankruptcy, an automatic stay immediately goes into effect. This stay prohibits most creditors from continuing with collection activities, which includes repossessing your truck. However, if the creditor petitions the court and obtains relief from the automatic stay, they may then be able to proceed with repossession. It’s important to keep in mind that if the truck is secured by a loan and you’re behind on payments, the creditor may have the right to repossess it unless you can work out an agreement or cure the default. You should consult with your bankruptcy attorney to discuss the specifics of your situation and to understand your rights and options regarding the truck.

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