In many cases, we will be able to get your vehicle back within a matter of days. Our attorneys have established positive relationships with many of the lawyers representing vehicle finance companies, and we can often negotiate a return of your vehicle on a voluntary basis. If you have filed bankruptcy before, however, or if we are dealing with a “buy here/pay here” vehicle lender, we may actually have to take your case before the judge.
If we have to go to court, we may not be able to get in front of a judge for two to three weeks. Bankruptcy court calendars are crowded and the law says that we have to give the lender and its representative sufficient notice. You can help speed up the process by providing us with a copy of your car insurance declarations page and by fulfilling your financial obligations under your Chapter 13 plan.
We also find the identity of the lender can make a difference. Large vehicle finance companies who frequently deal with bankruptcy issues often have set policies for returning vehicles once a Chapter 13 is filed. By contrast, however, smaller lenders and “buy here/pay here” finance companies tend to be less cooperative.