If I File Bankruptcy In Georgia, When do I Have to Give my car Back?

When you file bankruptcy in Georgia to save your car, you benefit from the automatic bankruptcy stay, which is a court order that prevents your car or any other property from being repossessed. However, if you ultimately decide that you do not want to keep your car, then you can surrender it in either a Chapter 7 or a Chapter 13 bankruptcy in Georgia.

Normally, a car creditor cannot repossess your vehicle while you are in bankruptcy without filing a motion with the bankruptcy court asking permission to repossess the car. That process usually takes a month or two, which means you will be able to keep your car without paying the creditor during that time. The one thing you need to make sure to do is keep car insurance on your vehicle so that if anything happens to it, you will be protected from liability. Most creditors will make special arrangements to pick the vehicle up from you or allow you to drop the car off at one of their locations rather than send someone out to reposses the car.

If you have questions about how your car is treated in a Chapter 7 or Chapter 13 bankruptcy case in Atlanta, Georgia, please call the Law Offices of Charles Clapp at 404.585.0040 to speak to a qualified Atlanta, Georgia bankruptcy attorney.