Hello, this is Jeff Kelly and today I would like to talk to you about stopping a car repossession in Georgia. Whenever you file a Chapter 13, your creditor is barred from repossessing your car. If you file a Chapter 13 bankruptcy, your your car is protected by what’s called the automatic state. Now, just last week, I was meeting with a client who said, Hey, I, you know, I can’t file on my car, because I signed a contract that said that I can’t file bankruptcy on it.
Well, here’s the truth about that situation. Number one, you cannot sign away your constitutional rights. So it really doesn’t matter what your contract says. If you file chapter 13, your car is protected. Secondly, whenever you file any type of bankruptcy case, you have to list all of your dads and all of your assets. So you cannot pick and choose which ones you’re going to listen Lift everything. And we again, we do not need the permission of the car company to protect your car. Now, it’s very important that you get a case number before that car is repossessed if you got a bankruptcy case number, and they come and repossess your car anyway, the car company is setting themselves up to get sued. Your bankruptcy attorney can file what’s called an adversary and car company can end up having to pay damages. Now, let’s say you’re in a situation where your car has already been repossessed.
Well, if you live in Georgia, you really need to go see a bankruptcy attorney as fast as you can. Because typically you’ve got about 10 days to get it back. Now in Georgia, for your car creditor to be able to sue you for any type of a deficiency. They’re going to have to send you what’s called the 10 day letter. And in this letter is going to Say, Hey, we’re going to auction this car off on this date. And after that, we’re going to sue you for the difference. So typically, when a car gets repossessed, the creditor is going to hang on to it for 10 days. So they will be able to set themselves up so they can come after you later. So if the car creditor is still in possession of the car, and you file and get a bankruptcy case number, then you’re going to be able to get the car back. Now, you know, sometimes we have issues with these little by here pay hears and they say no, no, you know, I read somewhere that I don’t have to get the car back because I got it before you filed well. That’s not true. They’re still gonna have to get the car back.
So we’ve had situations before where, you know, we’ve heard this from buy here, pay here, and then the car creditor says, I don’t have an attorney. I don’t want an attorney and I don’t care what you say I’m not going to do anything. You don’t get the car back. So we found the adversary, well, you know, then we call him up and say, Look, we’ve got a lawsuit now what are you going to do about it? You know, you need to get the car back and the guy says, Well,
I’m still not getting the car back. I don’t care what you say. Well, the next step after that is, we’re going to call the judge and see if we can get it set down for an emergency hearing. Because in that particular case, my client needed the car to get back and forth to work and she was going to lose her job and putting the car back. Well, guess what? judge sat down for an emergency hearing two days later. And, you know, judges get really upset having to do emergency hearings. And so, you know, this car creditor was really setting himself up to get severely penalised by the bankruptcy judge. Fortunately for him, he immediately gave the car back. So, again, if you’ve had a car repossessed Your case has been filed, you’ve got damages.
If a car has been repossessed, and you don’t have a bankruptcy case number, you need to get in there to see a bankruptcy attorney as soon as you can. Now, if the car creditor has repossess the vehicle and sold it before you filed, you’re not going to be it’s gone even if you fall maybe after that, but they would never the car company would never be able to sue you for any type of deficiency in the state of Georgia. Because they’re supposed to give you that 10 day letter. And that usually almost never happens. But you know, some of these crazy Buy Here Pay hers, they might repossess the car one day, sell it the next. And if there’s no bankruptcy case number, we got a problem if there was a bankruptcy case number, they’re in violation of the automatic state. All right, if you have any more questions, please check out my website, www.Kellycanhelp.com I’ve got over 200 articles about bankruptcy, and I am required to read this little disclaimer here.
Nothing on my podcast or my website constitutes legal advice. If you want legal advice you need to go see a bankruptcy attorney. No attorney client relationship exists until we have a written contract. We are a debt relief agency and we help people obtain relief from their creditors by filing for bankruptcy. wish the best of luck. Thank you.
Have a great day.
Transcript: Hello, this is bankruptcy attorney Jeff Kelly Today is August 3, 2020. And today I’m going to be talking about how you can...
Transcript: Hello, this is Jeff Kelly and Today is November 21 2019. And today I would like to talk about the topic of the...
Transcript: Hello, my name is Jeff Kelly. I’m a bankruptcy attorney from Rome, Georgia. I’ve been practicing consumer bankruptcy for approximately 14 years. I’ve...