Legal Question in Bankruptcy in California

Re: Bankruptcy chapter 13

They will not release your car until you file all the schedules, and particularly the Plan. That way they know you have enough money to go through the bankruptcy for the next 3-5 years and also that you can pay for the car. Their position (I'm guessing) is that filing an emergency petition is not enough of a protection for them to give back the car, as they have no idea you can afford it.

Re: Bankruptcy chapter 13

Attorney Shem-Tov is correct - the bank will not release the car vountarily until you have completed your petition, schedules, statement of financial affairs and Chapter 13 plan. To do so would be foolish on their part, as they (I assumed) repossessed the car pre-filing, and are therefore not in violation of the automatic stay by keeping it. To release the car to you on the basis of a "face filing" means in every likelyhood, you would simply not file the balance of your schedules, let the case be dismissed, and hide the car when they again begin repossession. This is particularly true where you filed Pro-Se, as most Pro-Se Chapter 13 filings fail to get confirmed, or fail shortly after confirmation of the plan. The statistics in Chapter 13 are bad - I think it is 44% of all Chapter 13s actually make it to a discharge. That number goes way down for Pro-Se filers.

I would suggest that you need to get an attorney as soon as possible. You have six days to get your schedules, Statement of Financial Affairs and Chapter 13 plan on file, or your case will be dismissed. I would focus your energy on getting those documents together and filed before I rush around trying to get your car back.

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