Repossession Avoidance & Recovery
Eugene and Springfield Lawyer Helping Consumers
The prospect of a vehicle repossession is unpleasant. Waking up in the morning and realizing your car is no longer parked in front of your home is extremely disheartening. But there is help available! By filing a Chapter 13 bankruptcy case you can get your vehicle back and make arrangements to pay the vehicle off during the next 3-5 years. Often, we are able to restructure the payments on the car to make the payments more favorable. Often, we can reduce the interest rate and reduce the amount owed on the loan to the value of the vehicle, known as a “cram down.”
The Reasons & Mechanics of a Repossession
No one plans to have their car repossessed. As soon as a payment or a few payments are missed, the car lender can accelerate the car loan and place an order for repossession. Often there is no prior notice of the repossession, and often the car repossessed in the middle of the night, as the repossession company cannot “breach the peace,” meaning the vehicle owner runs out and tells them to stop, they essentially have to. Even if the vehicle is in the driveway on private property it can be repossessed; often, vehicles are parked on the street, and these vehicles are generally easy to repossess. If the vehicle is parked in an enclosure, such as a garage, the vehicle cannot be repossessed as this would be essentially be breaking in and entering by the repossession company.
The lender will generally sell the vehicle at auction and apply the proceeds to the amount owed on the car. The balance of the loan is called a deficiency, and the lender can sue and get a deficiency judgment. However, if act quick enough, the lender will not have the opportunity to do this.
But what if the vehicle is already repossessed, or is about to be repossessed? What options do you have? Chapter 13 Bankruptcy may be the answer.
What Can You Do when a Vehicle is Repossessed?
You have several options available when your car is repossessed. If you want to get the car back, a Chapter 13 is a good option. By filing a Chapter 13 Bankruptcy, we can usually get your car back immediately from the repossession company. With a chapter 13 plan, you will be provided the opportunity to pay down the car loan over 3-5 years, often reducing the interest rate on the car and reducing the loan amount to the fair market value of the car (known as a “cram down”). These tools are only available in a Chapter 13 bankruptcy, however.
If you vehicle was just repossessed or if you know it is about to be repossessed, call Butcher Law Office, LLC at *541) 762-1967 immediately for a free 60 minute strategy session to determine how to save your vehicle. As there may be very little time to resolve a vehicle repossession, it will important to contact Butcher Law Office, LLC right away.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.