Q

If my car was repossessed will a chapter 7 bankruptcy help me get my car back?

A

Sort of. A secured creditor, upon learning of the chapter 7 bankruptcy case, has an affirmative duty to return the vehicle if the vehicle was not previously sold at auction and the value of the vehicle to the bankruptcy estate is inconsequential. Moreover, a secured creditor’s continued retention of a repossessed vehicle after learning of the chapter 7 bankruptcy case is a violation of the automatic stay. Nissan Motor Acceptance Corporation v. Baker, 239 B.R. 484, 487-488 (N.D.Tex 1999). However, a debtor lacks the requisite standing to force the return of the vehicle from the secured creditor. In re Calvin, 329 B.R. 589, 593 (Bankr. S.D. Tex. 2005).