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I took out a loan and my car was collateral, i lost my job and i filed for bankruptcy it was dismissed how do i stop them taking

Alexandria, LA |

the creditor sent a guy to try and get it but i wouldnt let them.How do i stop them from taking my vehicle which is a salvaged car

Attorney Answers 3

Posted

If you can find another job and obtain a steady source of income you may be able to file chapter 13.
Chapter 13 will allow you to obtain an automatic stay and the creditor wont be able to take your car.
But to be eligible for chapter 13 you need to be able to make the plan payments.

If you can't afford to file chapter 13 you may be able work out an arrangement directly with the creditor. Since the car is a salvage car and you make the creditor aware of that, they may consent to a payment arrangements.

If the car is taken , the lender will sell the vehicle at an auction and since its a salvage vehicle you might be able to buy the vehicle at the auction for a nominal amout.

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Posted

They have a legal interest in the vehicle. Make a deal with them or lose it.

This response does not create an attorney client relationship. The information provided here should not be relied upon and is not a substitute for legal advice received by an attorney that you have retained for your specific case. If you are actually involved in a case pending in court or think you have a claim to pursue then you should hire an attorney and follow his/her advice. The information provided here is for general purposes only.

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Posted

If your case was dismissed within the last year and you file another case, the automatic stay will only last for 30 days unless you file a Motion and have it approved at a hearing that takes place before the 30 day period ends.

You cannot hide the vehicle from the creditor. Some states consider that to be criminal. You need to pay the loan or surrender the car.

Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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