If I file bankruptcy will a creditor give me my repossessed car back?

If you car had not yet been repossessed, then filing for bankruptcy would “stay,” or delay, any collections efforts including repossession. However, that stay will not be permanent. Secured debt—that is, debt where there is property that is collateral for a loan, like most car loans—is treated differently than unsecured debt, like most credit card debt. Creditors who loaned money against collateral have a right to repossess that collateral even if the debtor declares bankruptcy, unless the debtor has agreed to—and can—keep paying the debt. (If the debtor can’t make payments, then the creditor can go ahead with repossession.) So if a car has not been repossessed, you can buy some time by filing bankruptcy, but ultimately, if you can’t pay the car loan, you’ll lose the car.

(Note: the exact mechanism for holding onto your secured property will vary according to which type of bankruptcy, Chapter 7 or Chapter 13, you file.)

Moreover, bankruptcy generally does not undo or reverse prior collections efforts. There are some exceptions, such as if the payment to a creditor was somehow fraudulent or showed preference for one creditor over another, but that would not seem to apply to the situation you are describing. Even if it did, you’d be back in the same position of having to make arrangements to keep paying the car loan or lose the car, so there would be no lasting gain.

You should seek the advice of a bankruptcy attorney before doing anything. It may be the case, especially if you’re main motive is to get the car back, the bankruptcy is not for you.