Legal Question in Bankruptcy in Arizona

If my vehicle is repossessed, and I file Chapter 13 within 10 days of that repossession, will the creditor be forced to return the vehicle to me? Or is there a way they can get out of it?

Thank you

Asked on 3/22/12, 10:17 am

2 Answers from Attorneys

Charles Andersen Charles Andersen, Atty

San Diego Bankruptcy Attorney You can force the return of the car through bankruptcy, as long as the bankruptcy estate still has an interest in the property at the time the case was filed. That means, that the car had not been transferred to a BFP through public auction pre filing.

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Answered on 3/22/12, 10:29 am

Scott Hyder Law Office of Scott W. Hyder, PLC

Yes, provided it has not been auctioned before the filing. And they usually auction it within 20 days or so. So, I would hire an attorney and start Chapter 13 immediately.

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Answered on 3/22/12, 10:47 am

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