Friday, August 27, 2021

Vehicle Repossession and Bankruptcy

 In Mississippi, there is a 10-day absolute right of redemption for a repossessed vehicle. If a bankruptcy is filed after the repossession, if the vehicle has not been sold and the title transferred to another party, once the bankruptcy is filed the lender must return the vehicle under the bankruptcy code.  The lender would also have to follow the statutory provisions for the disposition of the vehicle (i.e.-notice and right to redeem and notice of the date of the sale at auction or otherwise).   If the lender refuses to return the vehicle,  an adversary proceeding can be filed in Bankruptcy Court and you can recover damages, including attorney's fees and costs.   

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