Upon filing for bankruptcy, an automatic stay is created that stops repossession as long as the item to be repossessed has not already been sold. Filing Chapter 13 can help you get your car out of repossession and get it back from whomever repossessed it, as long as it has not been sold, and will allow you to catch up on any delinquent payments over the life of the Chapter 13 plan. If your creditor is trying to make you pay the decision fee between what your vehicle sold for at auction and the amount you owed, filing of Chapter 7 or 13 will allow you to discharge that amount as an unsecured debt. If the car has been sold and purchased after repossession, there is nothing that can be done to get the car back.
Most tax debts are not dischargeable; however, if the tax debt is for federal income tax, was filed in a timely manner, and is greater than three years old, it may be dischargeable. Contact us for more details.