"My Car Was Repossessed What Are My Rights" Discussion

Upsolve Community Member
Filing a Chapter 7 bankruptcy can temporarily delay a repo - if it's filed before the car is picked up - but it doesn't provide any mechanism to catch up on payments. 

Upsolve Community Member
Repossession is something that often makes people think about filing for bankruptcy- but what happens to the vehicle depends on the circumstances. 

Upsolve Community Member
https://upsolve.org/learn/bankruptcy-after-car-repossessed/

Upsolve Community Member
Sorry to hear about your pending repossession. :( You might want to look into learning about the https://upsolve.org/learn/when-surrender-car/ option so you can plan for being without a car and not have it taken when you're not looking.  Being familiar with https://upsolve.org/learn/repossession-and-your-rights/ could help you keep your car, or at least keep it a little longer. 

Upsolve Community Member
This article about the https://upsolve.org/learn/the-automatic-stay/ talks about how bankruptcy can temporarily stop a repossession.  If you're thinking about filing bankruptcy, it's worth reading.

Upsolve Community Member
That is a great question and it's worth reviewing your options. This article https://upsolve.org/learn/can-keep-car-file-bankruptcy/ is a good place to start. You may know what it means to surrender your car, but this article https://upsolve.org/learn/surrender-car-bankruptcy/ also lists alternatives. 

Upsolve Community Member
There is also this Upsolve article https://upsolve.org/learn/should-i-file-for-chapter-7-bankruptcy/ that can help you in your decision-making.  

Upsolve Community Member
It depends, but it's possible! 

Upsolve Community Member
https://upsolve.org/learn/bankruptcy-after-car-repossessed/

Upsolve Community Member
It might not always be the best option though- read that article and let us know if you have other q's 

Upsolve Community Member
So is it better to file chapter 7 or 13?

Upsolve Community Member
Chantee, in answer to your question, here is a great "at-a-glance" difference between 7 and 13 which should answer your "7 vs. 13" question (copy and paste the link): https://www.nerdwallet.com/article/finance/chapter-7-vs-chapter-13

Upsolve Community Member
It's possible, but depending on the circumstances, trying to get the vehicle back might not be a person's best option. This article describes this in more detail! https://upsolve.org/learn/bankruptcy-after-car-repossessed/

Upsolve Community Member
Hi Jessica, Here is an Upsolve article on this topic: https://upsolve.org/learn/car-repossession-101/

Upsolve Community Member
I know it's depressing news, but generally car loan debt doesn't go away after a car is repossessed unless you file bankruptcy or take some other action to get rid of the debt. The article https://upsolve.org/learn/owe-after-repossession/ explains more. 

Upsolve Community Member
Hope those articles help! Please let us know if you have any other questions! 

Upsolve Community Member
can they still charge interest on the loan?

Upsolve Community Member
Generally speaking, yes, a debt can incur interest as long as its still owed