Q: I have a car that repossessed and I want to get my possessions out of it. They want the keys. I am going to file chapter
13 bankruptcy to get the car back. Should I give the keys so I can get my stuff?
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A:
In this situation, it's best to consult with a bankruptcy attorney before taking any action. They can provide guidance on how to proceed in a way that protects your rights and interests.
Generally speaking, if you plan to file for Chapter 13 bankruptcy and want to keep the car, you may not want to surrender the keys. Here's why:
1. Automatic stay: Once you file for bankruptcy, an automatic stay goes into effect, which prevents creditors from repossessing your property, including your car.
2. Retrieving your possessions: If you give up the keys, it might be more difficult to retrieve your personal belongings from the car, as the creditor will have control over the vehicle.
3. Negotiating a plan: In Chapter 13 bankruptcy, you can propose a plan to catch up on missed payments and keep the car. Giving up the keys might signal that you don't intend to keep the vehicle.
However, it's essential to understand that bankruptcy laws can be complex, and every situation is unique. A qualified bankruptcy attorney can review your case, advise you on the best course of action, and help you navigate the process of filing for Chapter 13 bankruptcy to protect your assets and work towards getting your car back.
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