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My chapter 13 case was dismissed. And last nite they reposessed my car. What steps can I take to get my car back. I reside in NJ

Union, NJ |

I reside in NJ and the case was dismissed for falling behind on payments

Attorney Answers 5

  1. 1) Refile a new bk case, but you'll have to be able to file a motion to reimpose the stay in which you show why this case is more likely to succeed than your last case, you may also have to file a motion for turnover to get the lender/repo people to return your car:2) use whatever state law remedies exist to bring your car payments current if possible; 3) start looking for cheaper wheels you can afford better.

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  2. Your choices are the same now as if you had never filed bankruptcy. You can try and come up with everything needed to bring the contract current or you can file a Chapter 13 again. The 2d Ch.13 will require them to give the car back but for your attorney to show why the new case will work and that it is likely that this creditor will be paid.

    The dialogue on this website does not constitute legal advice nor does it form any sort of attorney-client relationship.

  3. As stated, as far as bankruptcy goes, the most likely avenue to get your car back is to refile. The new automatic stay will require the lender to return your car. However, since the automatic stay is only good for thirty days ( I am assuming your dismissal occurred in the last 12 months) and to get an extension, you will need show the Court why this new case will be successful where the previous one was not; it would be prudent to have proof of insurance readily available.

    If for some reason, your case was dismissed for an issue other than nonpayment, your attorney may be able to get the case and automatic stay reinstated (very factual issue) but my guess is you will have to pay repo fees to get car back from lender (they did not do anything wrong) either upfront or as administrative expense.

    There may be state law remedies as well. Local counsel is best situated to answer those questions.
    Good Luck

  4. Consider hiring an attorney, or if you had one for your bankruptcy, consider hiring him or her for this

  5. You must refile your 13 within 10 days of the car being taken to be assured of getting the car back. A motion will need to be filed to extend the automatic stay. Act fast!

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