After my only car has been repossessed, I filed for chapter 7 bankruptcy, Will the automatic stay prohibit the lender from selling the car to lender or in auction unless the lender files a motion to lift the stay?
To answer your questions generally, the tool to make a lender return a repossessed car and to allow someone to pay the car loan over time through the bankruptcy, is usually a Chapter 13 bankruptcy.
I would strongly encourage you to go meet with a local bankruptcy attorney. Bankruptcies are very complex and failure to understand or comply with the rules can result in not getting a discharge of your debts and some times loss of property. The longer you wait before meeting with a lawyer, the more it may cost you to hire a lawyer to try to fix any issues in your case.
I hope this perspective helps.
My answer to this question is for general purposes only and does not establish an attorney-client relationship and is not legal advice. You should contact an attorney directly for legal advice. We are a debt relief agency and we help people file for relief under the Bankruptcy Code as well as resolve other debt issues.
As has been pointed out, Chapter 13 is the typical chapter for situations like yours. Contact a local bankruptcy attorney and schedule the next available consultation.
Outside of bankruptcy, when a lender repossesses a car, you can usually get it back by bringing the loan current, providing proof of full coverage insurance with the lender listed as loss payee and paying the repossession and storage fees. Your bankruptcy filing has complicated this normally straight forward process. Contact a local bankruptcy attorney and schedule the next available consultation. You can search for an attorney using the Avvo "Find a Lawyer" link at the top of this page.
Nels Hansen is a bankruptcy lawyer in Round Rock Texas and accepts clients in Austin, Georgetown and Pflugerville. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code and have done so proudly since 1996. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Answers provided are for general discussion only and are not to be considered legal advice and they do not create an attorney-client relationship.
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