Before you file
Compare your income with the Pennsylvania means test, review the property exemptions you may claim, and follow the steps to filing a Pennsylvania bankruptcy petition.
Car repossession in PA can happen fast — most Pennsylvania auto lenders send the truck once you're 60–90 days behind, with no court order and no warning. Filing bankruptcy is the only legal tool that stops a repossession the same day. The automatic stay forces every creditor to halt collection the moment your case is filed.
How bankruptcy stops repossession in PA
When we file your petition with the U.S. Bankruptcy Court, 11 U.S.C. § 362 imposes an automatic stay against every creditor — including your auto lender. Repossession agents must stand down. If your car has already been picked up but not yet auctioned (Pennsylvania lenders typically wait 10–15 days before sale), a Chapter 13 filing forces the lender to return it while we cure the missed payments through your plan.
Chapter 13: keep the car, catch up the payments
Chapter 13 is built for this. You make a single monthly payment to the Chapter 13 trustee for 3–5 years. The plan pays back the arrears on your car loan (and mortgage, and PA tax debt) while you stay current on the regular payment going forward. At the end of the plan, remaining unsecured debt is discharged.
Chapter 7: walk away from the loan and the deficiency
If you don't need the car — or the loan balance dwarfs what it's worth — Chapter 7 lets you surrender the vehicle and discharge the entire debt, including any deficiency balance the lender would otherwise sue you for after auction. No more harassing calls, no more deficiency lawsuit.
If the repo already happened
Call us today. Pennsylvania UCC Article 9 requires the lender to give you notice before sale and allows a redemption window, but most lenders auction within 10–15 days. A Chapter 13 filed before the sale typically forces the lender to return the vehicle. We file emergency petitions the same day when timing is tight.
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Frequently Asked Questions
Common questions
Immediately. The moment we file your Pennsylvania bankruptcy petition, the automatic stay under 11 U.S.C. § 362 legally prohibits the lender from repossessing your vehicle. If the car has already been picked up but not yet sold at auction, we can often force the lender to return it.
Often yes — if we file a Chapter 13 before the vehicle is sold. Pennsylvania lenders must return a repossessed car after a Chapter 13 filing while we cure the missed payments through the 3–5 year plan. Time matters: most lenders auction repossessed vehicles within 10–15 days.
Chapter 13 is the usual answer when you're behind on payments and want to keep the car — it lets you cure the arrears over time. Chapter 7 works if you're current on the loan and just need to discharge other debt, or if you want to surrender the car and walk away from any deficiency balance.
Usually yes. After the lender auctions a repossessed car in PA, they sue for the deficiency — the difference between what you owed and what the auction brought, plus fees. A Chapter 7 bankruptcy discharges that deficiency balance completely.
We charge flat fees: Chapter 7 typically runs $1,500–$2,500 plus the $338 filing fee; Chapter 13 is often filed with $0 down and the attorney fee paid through the plan. You'll know the exact number before you commit.
Call today. Pennsylvania lenders can sell the car at auction within 10–15 days of repossession. A Chapter 13 filing before the sale forces the lender to return the vehicle. We file emergency petitions the same day when needed.
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NACBA & MDBBA Member · Middle District of PA Bankruptcy Attorney
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