Is there a way to get my car back after bankruptcy? 22 Answers as of June 09, 2013

I lost my car when I filed for bankruptcy. Is there a way to get this car back once I get financially stable again?

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Lehn Law, PA
Lehn Law, PA | Joseph W. Lehn
If the car was repossessed, the bank will sell the car at auction. There exists the possibilty that you can purchase it back. However, more than likely you will purchase or get a loan for another vehicle.
Answer Applies to: Florida
Replied: 8/24/2011
Heupel Law
Heupel Law | Kevin Heupel
No, but most car dealers can get you financed to purchase another vehicle after you file bankruptcy.
Answer Applies to: Colorado
Replied: 8/22/2011
Law Office of Andrew Harris
Law Office of Andrew Harris | Andrew Harris
No.Once a debtor repossesses your car (or you give it back), that debtor will most likely go ahead and auction it off.The only way to get your car back would be if the lender still had it in their possession, then you'd be able to buy it back.
Answer Applies to: Oregon
Replied: 8/22/2011
Lakelaw - Loop Bankruptcy
Lakelaw - Loop Bankruptcy | David Leibowitz
It is highly unlikely to recover the car once repossessed. If it is possible, consider redemption possibilities under Bankruptcy Code section 722. This allows you to essentially buy the car for what it presently is worth instead of what is left on the loan.
Answer Applies to: Illinois
Replied: 8/20/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
That depends on how you "lost" it, what chapter of bankruptcy you filed, and whether or not the vehicle has been sold.
Answer Applies to: California
Replied: 8/19/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    In Utah, once a lender legally takes the car, you have ten days typically to redeem the car. After that the lender can sell the car.
    Answer Applies to: Utah
    Replied: 8/18/2011
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    No, but there are places that will lend to you. Google "auto finance bankrupt." There's a bunch of lenders who will deal with you. They have high interest, but they are much better than the "buy here, pay here" people. Good luck.
    Answer Applies to: Ohio
    Replied: 8/18/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    If you lose your car before your file or as part of your bankruptcy case, there is no way to get the car back unless the creditor agrees to give you the car back. There is no procedure in the law to force the creditor to give you the car back.
    Answer Applies to: Alabama
    Replied: 8/18/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    If it has been a long time after you filed then the car has probably been sold at an auction so there is no way to get it back.
    Answer Applies to: California
    Replied: 8/18/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Only by purchasing it from the creditor if he still has it.
    Answer Applies to: Georgia
    Replied: 8/18/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    In most cases, your car will have been sold by the creditor the time your bankruptcy is over. However, there are ways to purchase a different car even after going through bankruptcy, even if you have to obtain financing.
    Answer Applies to: Colorado
    Replied: 8/18/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Probably not, as the creditor is required by law to dispose of the vehicle after repossession and may not have it to return.
    Answer Applies to: California
    Replied: 8/18/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I don't know the time line here. If you had it repossessed just before filing you can get it back.... but they sell those cars after getting relief from stay.
    Answer Applies to: California
    Replied: 8/18/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    You didn't say whether you filed Ch 7 or 13, or why you lost it. It will probably be sold. You'll probably do better to get a different one when you can afford it.
    Answer Applies to: Virginia
    Replied: 8/18/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If the car is sold, you cannot get it back. If you filed for bankruptcy and you lost your car, the chances of you being able to get it back are very low.
    Answer Applies to: California
    Replied: 8/18/2011
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