If you have ever had a vehicle repossessed in New Jersey, it can be a difficult and stressful experience. However, filing for Chapter 13 bankruptcy may be an option for having your vehicle returned to you.
Once My Vehicle is Towed, What Are My Options?
Once the vehicle has been repossessed, it is towed to the repossession lot. You should receive a notification that the lender will sell your vehicle at auction a few days later. Your options are to pay the loan in full before you can get your vehicle back or file a Chapter 13 Bankruptcy to stop the sale of the vehicle. The key to remember is that once a vehicle is repossessed, the loan is accelerated and the full balance is due in order to get the vehicle returned to your possession.
What Does Automatic Stay Mean?
If you choose to file a Bankruptcy Petition, then the automatic stay goes into effect. This means that creditors and collectors are prohibited from taking any further action to collect on your debt, including selling your repossessed vehicle at auction, or repossessing your vehicle if they haven’t already.
In New Jersey, it is customary for a vehicle creditor to give you the location of the repossessed vehicle shortly after you file your Chapter 13 Bankruptcy so that you may obtain the vehicle. However, there is case law that states the creditor doesn’t have to immediately give back the car until a Bankruptcy Judge Orders the Turnover of the Vehicle. So, it isn’t a matter of if but rather when you can get your vehicle back after filing for Bankruptcy Protection.
Talk to a Local Attorney with Extensive Bankruptcy and Car Repossession Experience!
It is important to hire experienced, local bankruptcy counsel to assist you in obtaining your vehicle in the quickest way possible. Brenner Spiller & Archer have extensive bankruptcy experience in getting vehicles returned to their rightful owner typically within two days of the filing of a bankruptcy petition.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.