Will Chapter 13 Bankruptcy Help Me Get My Car Back in Georgia?

If your car was repossessed within 10 days of the filing of your case, Chapter 13 bankruptcy may help you get your back.

Many Georgia consumers depend on their car to get them back and forth to work.  Public transportation for all intents and purposes does not exist for 99 percent of the people who live in Northwest Georgia.  When the car gets repossessed, this means you will have no way to get to work.  In most companies, you will be quickly fired if you don’t show up.

The good news is that Chapter 13 may help you get your car back.

This past week, I met with a Dalton GA bankruptcy client who was a few months behind on her car payment.  She had been behind before and thought the car company would let her make up the payments again.  However, things did not work out like she had planned.  At about two a.m., she heard the roar of a tow truck pulling her car away.  She had trouble sleeping the rest of the night knowing that she had no way to get work the next morning.  Fortunately, she was able to call a friend the next morning and get a ride to work.

While at work, a coworker explained to her that she might be able to file Chapter 13 and get her car back.  As a result, she made a call to my office and we were able to meet with her the same day.  In her situation, we filed the case one day and got her car back the next.

Under Georgia law, a car creditor has to give you ten days notice before they sell your car at auction.  Once your car is sold at auction, it’s gone forever. In Georgia, if a car creditor sells your car without giving you the 10 day notice, they will not be able to collect a deficiency against you.

If your car creditor is still in possession of the vehicle at the time we file your Chapter 13 bankruptcy case, they must give the car back to you.  If they sell the car after they have knowledge of your Chapter 13 bankruptcy case, they will be in violation of the bankruptcy laws and will subject themselves to the wrath of the bankruptcy court.  It is an absolute must that your car creditor receive a notice that the bankruptcy was filed before they sell it.

If your car has been repossessed and you are trying to get it back with Chapter 13, it will help your bankruptcy attorney if you provide him with the phone number and the fax number of the automobile creditor.  Your account number is also a huge help as well.  You must have full coverage insurance on your vehicle if you want to get it back.  If the car is not insured, they don’t have to give you the car back until you obtain proper insurance.

If you would like to explore the option of getting your car back, call me today at 706-295-0030.  If you wait too long, we may not be able to get it back.

1. What is Chapter 13?

2. What is Chapter 7?

3. How much does it cost to file?

4.  Stop Garnishment

5.  Stop Foreclosure

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