Huber, GA Bankruptcy Law Firms & Lawyers

You can, but it may not be necessary, depending upon your assets and income. If you have no non-exempt assets, and if your income is limited to Social Security and pension funds that can't be attached, you may be "judgment proof". It's best to talk to an experienced bankruptcy attorney to make sure.

There isn''t a straight answer to that question. When you file the bankruptcy an automatic stay will go into place. This means the creditors cannot contact you or try to collect any debts (including taking the car). However, if you surrender the vehicle within the bankruptcy then the creditor will seek Relief from the Automatic Stay from the court. The court (because you agreed to give up the vehicle) will quickly grant the relief and the creditor will then have the ability to come and get the vehicle. That sounds like it happens pretty quickly. However, from our experience, it usually takes at least two weeks for all of that to happen. However, you can set something up with the creditor to actually turn the vehicle in sooner. We encourage our clients to immediately stop using the vehicle once they have filed the bankruptcy. Terry Duncan Bankruptcy Attorney in Charlotte, NC