Legal Question in Bankruptcy in Virginia

Repossession after Chapter 7 Bankruptcy

If I have a lien on a vehicle and the owner files for Chapter 7 Bankruptcy and gets discharged from her debt, then begins to pay for it again, can I repossess this vehicle if she fails to pay as agreed?


Asked on 3/17/04, 3:35 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Repossession after Chapter 7 Bankruptcy

If the payments are current, you cannot repossess. If the payments stopped during the bankruptcy and she only started regular payments again, without catching up, you may be able to repossess. This assumes the bankruptcy filing and the repossession occur in VA, and assumes a valid lien. Because other jurisdictions may view this differently, and because the risk of mistakes here can be severe, I would recommend that you retain counsel to advise you before doing anything.

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Answered on 3/19/04, 12:22 pm


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