Last year, a potential client called me to say that her car had been repossessed and that she needed help. I explained that one option would be to file a Chapter 13, then a Complaint for Turnover as a means to get the vehicle back.
We would argue to the bankruptcy judge that my clientâ€™s vehicle was necessary for her to fulfill the terms of her plan, and thus the judge should order the lender to â€œturn overâ€ the vehicle immediately.
In this case, however, I felt that Chapter 13 might be premature. Instead, I called the lenderâ€™s customer service number and after being transferred from department to department, I finally spoke to someone in the default department. I explained that I was a bankruptcy lawyer who was prepared to file Chapter 13 on behalf of my client and I suggested that everyone might be better off if the bank returned the vehicle voluntarily in exchange for my clientâ€™s payment of all missed payments + finance charges.