R is for Repossession
I would estimate that over half, if not 75% of my clients have had a repossession in the past, many with 2 or even 3 of them. Chapter 7 is a great tool to wipe those debts out and get a fresh start. But, if it just happened, and you want your car back?? I can get it back for you!! Generally in Illinois you get 21 days from the date of the repossession to file a Chapter 13 bankruptcy. This will allow you to get the vehicle back!...
Car repossessed prior to chapter 13
Here is a recent decision involving a case where a vehicle was repossessed prior to a chapter 13 bankruptcy. With Chapter 13 filings, the creditor must return vehicle to debtor, otherwise it is a violation of the automatic stay provisions. Now, a bankruptcy must be filed within 21 days of the repossession or the vehicle is sold at auction, and then it would be too late. But here, the Court, on appeal, ordered that the debtor's motion for sanctions should be granted for failure to give...