When does vehicle get taken away when filing for bankruptcy?
This is something that you need to discuss with your attorney. Generally personal bankruptcy only discharges unsecured debts. Home and car loans are secured by the property purchased and generally are not included in the bankruptcy filing unless you are severely upside down and the loan is a recourse loan. The repo may be put on hold while your BK case works its way through the court but once it’s discharged (or vacated) the lender will be free to repo the vehicle at that time. One consideration though. If you have a lot of unsecured debt that is the basis for your bankruptcy, the discharge may free up enough that you can get back in good with the lender on the car loan. You can either re-certify your intent to make good on that loan as part of the BK proceedings, or may communicate your desires to the lender AFTER the BK is discharged. Never engage in a private communication with ANY creditor while the BK case is active though. That is a CRIME and can result in the case being tossed o
