Chapter 7

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From Nolo law
How Can Your Lender Obtain Court Permission to Repossess Your Car?

Since you are protected by the automatic stay, your lender must ask the court to lift the stay in order to repossess your car. The lender does this by filing a ???motion for relief from the automatic stay??? with the court. In the motion, the lender must show that it is the proper party in interest with a right to repossess the car and that its interests are not adequately protected because you are not making timely loan payments or are otherwise in default.
You usually have about two weeks to oppose your lender???s motion for relief. If you oppose, a hearing is normally held within thirty days from the date the motion was filed and served. The judge can deny the motion if you can show that it was procedurally flawed (it was not properly noticed and served for example) or the lender made a mistake such as misplacing your payments. Even if the motion was accurate and properly served, the judge can continue the hearing to allow you and your lender to come to an agreement yourselves. However, if you are not negotiating with your lender or attempting to cure your default, most Chapter 7 bankruptcy judges will grant your lender permission to repossess your car by lifting the automatic stay.