Creditors use various means to collect on defaulted secured loans. If a debtor defaults on a secured debt, the creditor will usually take steps to recover the property that secures the loan. The most common repossession scenario involves the repossession of a motor vehicle. If the creditor of a defaulted vehicle loan has a valid security interest in the vehicle, the creditor is permitted to recover the vehicle through repossession. In the state of Illinois, the lender may repossess the vehicle without first obtaining court approval. Although the law imposes certain restrictions on repossession methods, the lender can generally repossess the vehicle if the vehicle is readily accessible.
If a debtor files for Chapter 7 bankruptcy or Chapter 13 bankruptcy, an injunction immediately goes into effect that prohibits, at least temporarily, the repossession of the vehicle. Chapter 13 debtors can often keep their vehicle and pay the arrears through their Chapter 13 plan.