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If your car or truck has been repossessed, you can file bankruptcy to force the lender and repossession company to return it to you.
Bankruptcy is a very powerful tool. Bankruptcy judges recognize that you need transportation to get to and from work and to care for your family. That's why there is a special procedure in Chapter 13 bankruptcy called a "Complaint for Turnover" that you can use to get your vehicle back when you file Chapter 13.
Like most everything else in bankruptcy however, you have to follow the rules exactly. You need to act quickly, you need to provide proof of insurance and you must present a Chapter 13 plan that provides "adequate protection" to the lender. #chapter13bankruptcy
You can also use bankruptcy to surrender your vehicle and wipe out any deficiency balance claim. Sometimes this is the better option if you can't afford your vehicle or if it needs expensive repairs.
Ginsberg Law has represented hundreds of bankruptcy clients over the past 25+ years and we have reversed repossessions in many cases. A key point to keep in mind: don't wait if your vehicle has been seized. #repossession #atlantabankruptcy
Under Georgia law, your vehicle lender can sell your vehicle at auction after giving you only ten days' warning. Once your car or truck has been sold it is almost impossible to get it back.
Bankruptcy stops all harmful creditor action under what is called the "automatic stay." This gives you time to figure out what you want to do.
So if your car or truck has recently been grabbed by a repossession agent, or if you are concerned that a repo may happen to you, please call us for advice about how to proceed.
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Jonathan Ginsberg
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Telephone: 770-393-4985
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