Legal Question in Bankruptcy in Wisconsin

It is often possible to have a repossessed vehicle returned to you if you file a viable chapter 13 bankruptcy plan, commence to make your plan payments as promised, and prove that you have insured the vehicle. However, this will only work for you if you file the bankruptcy before the vehicle is resold at auction or otherwise disposed of by the bank. The bankruptcy filing triggers an automatic stay (somewhat similar to a restraining order) against further collection or liquidation activity by the bank unless the bankruptcy case is either closed or unless the creditor obtains permission to move foreword with the repossession (known as a motion to lift the automatic stay). For any of this, however, you will need to immediately retain an experienced bankruptcy lawyer; your odds of filing on your own and succeeding with any of this a probably very low. I offer these comments for public educational purposes rather than for legal advice applicable to your specific case. You must therefore hire your own lawyer. You are also welcome to contact my office in Racine with further questions.

Regardless of whether or not the bank was in the right to take your vehicle, it is often possible to have a repossessed vehicle returned to you if you file a viable chapter 13 bankruptcy plan, commence to make your plan payments as promised, and prove that you have insured the vehicle. However, this will only work for you if you file the bankruptcy before the vehicle is resold at auction or otherwise disposed of by the bank. The bankruptcy filing triggers an automatic stay (somewhat similar to a restraining order) against further collection or liquidation activity by the bank unless the bankruptcy case is either closed or unless the creditor obtains permission to move foreword with the repossession (known as a motion to lift the automatic stay). For any of this, however, you will need to immediately retain an experienced bankruptcy lawyer; your odds of filing on your own and succeeding with any of this a probably very low. I offer these comments for public educational purposes rather than as legal advice applicable to your specific case. You must therefore hire your own lawyer. You are also welcome to contact my office in Racine with further questions.