Legal Question in Bankruptcy in Ohio

My car has been repossessed. I had retained an attorney to file a chapter 7 bankruptcy,prior to the repo, but did not get a case number until next day.I wanted to re-affirm the cat and continue to make payments. Can I recover the car?


Asked on 12/08/12, 6:55 am

1 Answer from Attorneys

Daniel Gurtner Aucoin & Younkin, LLC

If they have not sold the vehicle yet, the bankruptcy should give you the protection of the automatic stay (assuming you qualify). If you have the protection of the stay, the finance company will have to obtain court permission in order to sell the vehicle. Assuming they did not sell the vehicle prior to filing and you are still under the protection of the automatic stay, you should be able to get your vehicle back and can negotiate an appropriate reaffirmation or redemption now.

This response is based on the limited facts you have provided and is not intended to create an attorney-client relationship. I cannot provide adequate advice to you without meeting with you in person. If you would like to schedule a free consultation, please feel free to contact me.

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Answered on 12/11/12, 2:25 pm


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