top of page
Attorney Andrew B. Nichols Bankruptcy Attorney

They Took My Car, Can I Get It Back?

Stop and Help with Car Repo

   Having a car repossessed can be a traumatic experience for anyone.  Feeling powerless in this situation is understandable.   However, there may be no need to despair!  Regaining possession of a vehicle that has been repossessed is a right that most Chapter 13 debtors obtain once they file for bankruptcy.  When a Chapter 13 bankruptcy petition is filed, an estate is created of the debtor’s property.  The estate may be comprised of property that is subject to a creditor’s interest.  A Chapter 13 filing grants debtors an overriding interest in property of the estate that triumphs even a creditor’s interest in the property.  WE WILL GET YOUR CAR BACK TYPICALLY IN TWO BUSINESS DAYS!
   Now picture in your mind a ancient battle in which one warrior has a shield and the other has a bow and arrows.  In a vehicle repossession situation, the creditor is the warrior with the bow, seeking to dismantle the debtor.  Once a Chapter 13 petition is filed, the debtor becomes equipped with a shield by virtue of certain provisions within the Bankruptcy Code.  These provisions prevent creditors from reaching property of the estate.  They also work to protect against seizure of estate property both before and after the date of filing.  


bottom of page