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If you're behind on your car or truck payments, you keep an eye out the window for the repo man. Because once the repo man drives or tows your vehicle away, it's gone — unless you file for Chapter 7 or Chapter 13 bankruptcy.

Under Chapter 7, the deficiency of outstanding debt still owed can be discharged.

Under Chapter 13, you buy time to catch your breath and create a new schedule for payment, one you can afford.

The Power Of The Automatic Stay

The automatic stay is an injunction that takes effect automatically when a debtor files for Chapter 7 or Chapter 13. The stay shuts down most collection efforts, including filing or continuing lawsuits, making written requests for payment, harassing you by phone, or notifying credit reporting agencies of an unpaid debt.

If your car has not yet been repossessed, the automatic stay created by both Chapter 7 and Chapter 13 will halt repossession efforts in their tracks.

It is important to know that any action you take to protect yourself against repossession must be done quickly. Once your car is sold off, your chances of getting it back are nil. So call your Wichita, Kansas, bankruptcy lawyer David Hiebert today.

What Can Be Repossessed

  • Your car. Most auto loans give the lender the right of car repossession if you miss payments.
  • Commercial vehicle accidents
  • Your home. A home foreclosure is a form of repossession.
  • Household items you rent. This could include rented furniture, appliances, computers or stereos.

What Can't be Repossessed

  • Anything you bought with a credit card, because credit card purchases are not collateralized. Unless an item served as collateral, it can't be taken back.

This website focuses on our firm's bankruptcy and estate and probate practices.

Attorney David Hiebert is also respected for his work in the areas of real estate law, municipal law, administrative law, zoning, development and professional license defense. We represent clients in mediation in a variety of legal matters.

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Contact Info

  Farm Credit Bank Building
245 N. Waco St., Ste. 260 
Wichita, KS 6702

 +316 265 9480

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 9.00 am to 5.00 pm