Q: Can I redeem my repossessed vehicle by filing chapter 13 bankruptcy?

A: In large part, the Bankruptcy Code accommodates applicable State law with respect to whatever property rights have been created as of the bankruptcy filing date.

So your first stop is your written agreement with dealer/lender with whom you have had a car loan. If you have a right to redeem/cure your loan default, then you should be entitled to get the vehicle back with a bankruptcy filing, and perhaps an appropriate Motion in that Court.

Beware, as the lender may well demand some form of "adequate protection" for return of the vehicle (a showing of current insurance naming the lender as loss payee in an amount acceptable by the lender, some assurance of future payment, etc.).

The Bankruptcy process can easily bewilder a layman, so first confer with an experienced bankruptcy lawyer about your financial condition and your future plans.

A: Yes, you can potentially redeem your repossessed vehicle by filing for Chapter 13 bankruptcy. This process allows you to reorganize your debts and can include a plan to catch up on past due payments for items like your car. In a Chapter 13 bankruptcy, you propose a repayment plan to make installments to creditors over three to five years.

When you file Chapter 13, an automatic stay goes into effect. This stay prevents creditors from continuing collection actions, which includes repossessing your vehicle. However, the specifics can vary depending on how long ago the car was repossessed. If it's very recent, you might have a better chance of including the car in your repayment plan.

It's important to act quickly if your vehicle has already been repossessed. Discussing your situation with a bankruptcy attorney can provide guidance tailored to your circumstances. They can help you understand your rights, the feasibility of regaining your vehicle, and the steps you need to take within the legal timelines.