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BEST PRACTICE when credit union will not give back recently repossessed car
Osc re contempt of stay
Sent from my iPhone
On Dec 28, 2009, at 10:59 AM, Amy Clark wrote:
Hello all,
Chapter 13 was filed Dec 23 evening, client contacts credit union next
day and was told "Your attorney should know all procedures for getting
back your car" and "we are busy and behind, we'll call you." No calls
yet. Client has ability to pay back all arrears.
Obviously it has been a holiday! Of course, the only reason I filed
in the evening of Dec 23 was to hope guy could get his car for the
holidays, but OK, it did not happen.
However, this "we are busy and behind" is not sitting well with me.
Of course I can tell my client the basic procedures on how to get his
car back but of course the CU probably has some specific paperwork for
him, which they have not yet provided, a specific person he needs to
send notice of filing to, and of course only CU knows who the
repossession company was and where the car is. (They had not sent the
statutory required notice as of date of filing so we are still well
within time for redemption and debtor can pay all arrears so no issues
re: adequate possession).
CU cannot even tell him amount they say is overdue, which I would like
to have for the motion to extend stay I am filing today!
WHAT is best practice in this scenario? How long do you wait before
getting involved? Do you call, fax, file order to show cause -- what
and when?
As I said, I am aware it has been a holiday and am inclined to give CU
a bit of a break, but if they are still being totally recalcitrant by
tomorrow, well, my guy needs his car!!
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate."
"Like the witness protection program!"
"Exactly."
Osc re contempt of staySent from my iPhoneOn Dec 28, 2009, at 10:59 AM, Amy Clark <kleinpeterbk@gmail.com> wrote:
Hello all,
Chapter 13 was filed Dec 23 evening, client contacts credit union next
day and was told "Your attorney should know all procedures for getting
back your car" and "we are busy and behind, we'll call you." No calls
yet. Client has ability to pay back all arrears.
Obviously it has been a holiday! Of course, the only reason I filed
in the evening of Dec 23 was to hope guy could get his car for the
holidays, but OK, it did not happen.
However, this "we are busy and behind" is not sitting well with me.
Of course I can tell my client the basic procedures on how to get his
car back but of course the CU probably has some specific paperwork for
him, which they have not yet provided, a specific person he needs to
send notice of filing to, and of course only CU knows who the
repossession company was and where the car is. (They had not sent the
statutory required notice as of date of filing so we are still well
within time for redemption and debtor can pay all arrears so no issues
re: adequate possession).
CU cannot even tell him amount they say is overdue, which I would like
to have for the motion to extend stay I am filing today!
WHAT is best practice in this scenario? How long do you wait before
getting involved? Do you call, fax, file order to show cause -- what
and when?
As I said, I am aware it has been a holiday and am inclined to give CU
a bit of a break, but if they are still being totally recalcitrant by
tomorrow, well, my guy needs his car!!
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate."
"Like the witness protection program!"
"Exactly."
The post was migrated from Yahoo.