
One typical case that I often see is a
Chapter 13 bankruptcy filing where the vehicle is
repossessed pre-filing. In that case, the auto finance
company is often willing to negotiate for the return of the
vehicle in exchange for certain documentation. That
documentation usually includes proof of auto insurance and
listing the finance company as the loss payee. In addition,
the auto finance company will likely want to see a copy of
the proposed chapter 13 plan indicating that the secured
creditor is listed at the proper dollar amount at the
proper interest rate. If all of those items could be shown,
the auto lender is very likely to return the vehicle to the
debtor without the debtor having to file an adversarial
complaint in the bankruptcy court to recover the vehicle.