Stop Car Repossession in Decatur, Georgia

Car Repossession in Decatur, Georgia

If you are looking for an attorney in Decatur, Georgia to help you with a car repossession, you may want to consult with a bankruptcy lawyer to stop the repossession. Like any other collection activities, filing bankruptcy in Georgia prevents repossession.

A bankruptcy filing in Georgia results in the issuance of what is known as an automatic stay. The “stay” is a court order that tells creditors they have to stop all collections activities against you, including repossession of a car. In fact, the stay prevents creditors from calling you, sending you letters or even bills during the period in which you are in bankruptcy. Any violation of that stay could result in sanctions against the creditor.

Under some circumstances, filing a Chapter 13 bankruptcy case can even be a way to get your car back after it has already been repossessed. In Georgia, there is a law (O.C.G.A. 10-1-36) that allows you to redeem your car after repossession as long as you opt to do so within ten days of the repossession. Filing bankruptcy  in Georgia within the ten day period after repossession enables you to get your car back.

When you file a Chapter 7 bankruptcy case to stop repossession, you will have to catch up entirely on the arrears on the car payment in order to keep the car in bankruptcy. If you are far behind on your car payment and you want to keep your car, you probably would be better off filing Chapter 13 bankruptcy because you would be able to catch up on the car payments by making payments through your bankruptcy case.

In a Chapter 13 case, the bankruptcy laws allow you to roll up the car arrears and any other debts you have into one consolidated monthly payment. You can even lower the car interest rate. In some situations, you may be able to lower the principal balance on the car if you purchased the car more than 910 days prior to filing bankruptcy. Under the 910 day rule, you only have to pay back the fair market value of the vehicle if it is less than the amount of the total balance.

Of course, if you are behind on your car payments and facing repossession in Georgia, in order to determine what type of bankruptcy is best for you, you need to consult a bankruptcy attorney. If you wish to schedule a free consultation with a Decatur, Georgia bankruptcy attorney, please call the Law Offices of Law Offices of Charles Clapp at (404) 585-0040.

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Charles is absolutely a brilliant attorney! He is a critical thinker and determined problem solver. He is very accessible, even via text. If he is in court, his ability to multi-task, you can feel safe and secure in knowing he is handling any issues or concerns. I entrust him with my future, he is a uniquely talented attorney who always challenges himself to achieve the absolute best outcome for his clients.

Donna

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I was very satisfied with Mr. Clapp services. He is a man of his word and did everything he told me he would. I would highly recommend him.

Shernita

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I came to Mr. Clapp by referral with a complicated case involving both personal and business debts that were out of control. Mr. Clapp evaluated the situation and gave me options that I was not even aware of. He knows his stuff, executed flawlessly, and I have been able to start over. I highly recommend Charles Clapp if you have debt or bankruptcy issues. Listen to his advice, he knows his stuff. I consulted with several other bankruptcy attorneys prior to retaining Mr. Clapp, and they did not have the same breadth of knowledge that Mr. Clapp brought to my case.

Scott

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