Gather Account Documents

• When a debtor stops making timely payments for the vehicle, the creditor needs to provide documents to the bankruptcy court verifying the creditor's claim and the delinquent status of the account. The creditor should retrieve a copy of the signed loan documents which provide the payments terms of the loan, the date the loan originated, a description of the vehicle and the debtor's signature. The creditor also needs the Department of Motor Vehicle's certificate of title showing the creditor is the lienholder for the vehicle. Reviewing the debtor's transaction history will confirm when the delinquency started, how many payments were not received and the total amount of past due payments.
  
  

Motion for Relief from Automatic Stay

• Draft a motion for relief from automatic stay. The motion should request the bankruptcy court remove the automatic stay as it pertains to the creditor so that it can repossess the vehicle. Since the creditor has a security interest in the vehicle, the debtor is obligated to continue making payments until the loan is paid off as stated in the original contract or as stipulated in the Chapter 13 Plan. Provide the payment terms as agreed in the bankruptcy. State when the delinquency occurred and the amount of payments owed since the bankruptcy case started. The creditor can cite that it is entitled to relief from the automatic stay as stated in 11 U.S.C. §362.
  
  

File the Motion for Relief from Automatic Stay

• File the motion and the documents that verify the creditor's security interest in the vehicle with the bankruptcy court. The documents can be filed online through the bankruptcy court's website or filed in-person by submitting them to the bankruptcy clerk at the courthouse. Copies of the motion and supplemental paperwork also need to be submitted to the debtor and debtor's attorney. Once the debtor is notified of the motion and the court hearing date, he can timely file an opposition or response to the motion if he contests the delinquency of the account.
  
  

Repossess the Vehicle

• If the bankruptcy court grants the creditor's motion, the creditor has the authority to repossess the vehicle. The vehicle may be located at the debtor's home address listed in the creditor's account records. The creditor can review the debtor's address listed in the court docket or contact the debtor's attorney to verify the debtor's current address. The creditor may merely show up at the debtor's address and repossess the vehicle or arrange a time with the debtor or the debtor's attorney to pick up the vehicle.