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I Am Filing Bankruptcy But My Attorney is Waiting For Stuff From Me. – Brent


“Dear Steve,

I consulted an attorney 2 months ago about bankruptcy and retained them to proceed with the process. I have only 2 more item to give the attorny before they proceed. I have fallen behind on my car payment and they repoed it yesterday.

I am wanting and needing the car back very bad, as I am fixing to move from my address and start college in the fall. I fell on bad times about 2 years ago when I lost my job and I am now having to go back to school to get another degree. How can I negotiate to get my car back? And shouldn’t my bankruptcy attorney help me in this matter?

How to get my Car back from repossesion?


Dear Brent,

You sound as if your bankruptcy attorney has a duty to fix this mess for you about the car, they don’t. This could have been avoided if you had filed two months ago before the car was repossessed and then the bankruptcy attorney would have assisted you to keep the car as long as you were making the regular payments.

You’ve got two choices today, you can either come to an agreement with the car lender to get your car back, and when you hand your attorney the last two items they need, tell them about the car issue.

Once you make the decision that bankruptcy is the right solution, don’t drag your feet. If you do, stuff like this will happen.


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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.


  • Brent,

    I believe Steve has given you a sound answer. I personally have not run into this issue yet, and although I am an attorney practicing bankruptcy, I am not offering legal advice with this comment.

    Most bankruptcy attorneys provide a contract or retainer agreement. The agreement details the work they will provide, typically it is limited to preparing and filing your bankruptcy petition. No guarantees are made. Filing bankruptcy is very detailed and tedious work (for both you and your attorney), and is generally at a limited fixed fee. Your attorney is most likely not going to continue to call you and remind you that information is still lacking. He/she probably notified you either in person or by some other means letting you know that you needed to provide more information before they could file your petition.

    Regarding the repossession. If your attorney is not aware of an imminent repossession or other action, he/she can not give you good advice regarding quick proactive measures. I know in the district court I practice in, the trustees scrutinize the attorneys. It is basicaly three strikes and you are out. Dumb mistakes and premature filings are not tolerated. Emergency filings can be made, when justified, but then completed documents need to be filed within 15 days.

    Are your attorneys now aware of the repossession? If not, you should make them aware and ask for assistance.

    For additional information on this subject, you might read this post It is too long to place in this comment, but it reinforces and elaborates on Steve’s answer.

    Best of Luck


    JJeffJacksons last blog post..Debt Consolidation Stories

    • Jeff,

      Great link for additional information on this. Makes sense that if bankruptcy attorney can act before auction sale a return of the vehicle is possible, if the debtor can afford the payment.


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