Can the bank repossess my car after I change my Chapter 13 to a Chapter 7 bankruptcy? 5 Answers as of October 13, 2010

If you file for chapter 13 bankruptcy and then change to chapter 7, in which you reaffirm the debt for a car, can the bank repossess the car without allowing the chance to reaffirm it?

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The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Not without an order from the bankruptcy court allowing them to, which would not happen unless you were in default on the payments in the Chapter 13.
Answer Applies to: California
Replied: 10/13/2010
Law Office of Barbara Seeley Curtis
Law Office of Barbara Seeley Curtis | Barbara Curtis
Just do not miss any payments. Yes you have chance to reaffirm.
Answer Applies to: Florida
Replied: 10/13/2010
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
I need more information to answer your question. Are you current on the car payments? When did you file your Chapter 13? When was the case converted to a Chapter 7? Do you want to keep the car? Who is the lender? Have you contacted the lender?

As a practical matter, if you want to keep the car and you have not already entered into a reaffirmation agreement, you should contact the lender ASAP.
Answer Applies to: California
Replied: 10/12/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You need to make payments or you will lose the car.
Answer Applies to: California
Replied: 10/12/2010
Sussman & Associates
Sussman & Associates | Mitchell Sussman
They can if you do not make payments.
Answer Applies to: California
Replied: 10/12/2010
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