if the co-signer on the loan qualifies for chapter 13, they can definitely file to get the car back. The issue is if they can file soon enough. Normally, once a car is repossessed, a case must be filed within 21 days before the car is sold. If sold, it will be too late to get it back. Often, it is not advised to file a chapter 13 just to get the car back, as the attorneys fees can add a bunch to the repayment plan proposed to the court. Since the car depreciates, it's not often worth it to get it back. Perhaps you can convert your case to chapter 7 to wipe out the unsecured debts you have, along with your liability on that car. You can then be done in just 90 days and go get a new, more affordable car. As always, consult with your lawyer about the different options you may have at this point.
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