"Can A Creditor Take My Car" Discussion

Upsolve Community Member
Hi Anthony, I'm sorry to hear of your misfortune! Your question falls outside of the scope of Upsolve. Perhaps you might contact Legal Aid in your state to see if they can answer your questions: https://upsolve.org/legalaidlocator/ Good luck! 

Upsolve Community Member
It's true that, unfortunately, Upsolve's software can't help with this type of legal issue, but hopefully we can point you in the direction of an answer to your question! 

Upsolve Community Member
You might find this helpful as a starting place: https://upsolve.org/learn/can-judgment-creditor-take-car/

Upsolve Community Member
Hi Terrance, In most cases, the automatic stay is in effect immediately when you file your https://upsolve.org/learn/should-i-file-for-chapter-7-bankruptcy/ The automatic stay temporarily stops https://upsolve.org/learn/car-repossession-101/ too. Because the creditor has a lien on the car title, the bankruptcy only temporarily stops the repossession. The creditor can take the car after the Chapter 7 case is closed or ask the court to take the car before the case is closed if you do not work something out with the lender.

Upsolve Community Member
...and to add to what Erin suggested you review, here is an article from the Learning Center that discusses https://upsolve.org/learn/repossession-basics/ in case it happens. Good luck, Terrance! :-)

Upsolve Community Member
Hi Johnny!  Check this Upsolve Learning Center article out: https://upsolve.org/learn/changed-mind-to-do-car-after-bankruptcy/ Hopefully this helps! Good luck! :-)

Upsolve Community Member
It depends on where in the process your case currently is. Has your 341 meeting happened already? 

Upsolve Community Member
As a first step, it's generally important to call the bank and let them know of your change of plans. Then, depending on when your case was filed, you may need to file an amendment or may need to take other steps. 

Upsolve Community Member
Hi Aaron, sorry to hear of your financial woes! This article from the Upslove Learning Center might help you: https://upsolve.org/learn/to-do-creditor-suing-me/ Good luck! :-)

Upsolve Community Member
Mark's article is a really helpful one. It outlines the steps you can take if you're sued by a creditor and different options you might have available 

Upsolve Community Member
Among these include filing bankruptcy- you can do that here as long as you qualify 

Upsolve Community Member
Please let us know if you have any other questions! 

Upsolve Community Member
If you're https://upsolve.org/learn/surrender-car-bankruptcy/, there's nothing you have to do. Once the motion is granted, the bank will be able to pick up the car.

Upsolve Community Member
That's exactly right- this motion is essential the creditors way of asking to take the car that you listed your intent as to surrender

Upsolve Community Member
Hope that helps! Please let us know if you have any other questions!