Legal Question in Bankruptcy in Virginia

Chapter 13

Can I file a chap. 13 if my car has been repossessed? Will my car be returned to me?


Asked on 1/03/05, 9:35 am

2 Answers from Attorneys
Randy Masters The Law Office of Randy Masters

Re: Chapter 13

I have seen many cases where a vehicle had been repossessed and then the debtor subsequently filed a Chapter 13 Bankruptcy. The lienholder often permitted the vehicle to go back to the debtor because they (the lienholder) knew that they would get paid more through the Chapter 13 Plan than they would merely by selling the car at an auction. When a creditor is listed in a Chapter 13 Plan, they are guaranteed to get paid (secured creditors get paid 100% of the value of their collateral, and are paid ahead of unsecured creditors).

Talk to a bankruptcy attorney in your area for more information.

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Answered on 1/03/05, 9:45 am
Daniel Press Chung & Press, P.C.

Re: Chapter 13

If the car has not been sold, you can get it back. See a bankruptcy lawyer IMMEDIATELY.

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Answered on 1/03/05, 9:49 am


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