Central District Consumer Bankruptcy Attorney's Association

I have Judge Saltzman,
Here is the problem. If it was the car company that repossessed the car, no problem getting it back. However, here we have a governmental unit that repossessed the car and even if she pays the DMV registration, the repo yard loses their interest possibly if they give up the car.
I have them as a statutory lien to be paid in the plan with Adequate Protection in the Plan but it may not be enough.
I could file a Motion for Turnover under 541 but unsure of that will work either. Plus the time and effort in doing it will never be worth it because she doesn't have the money to pay and if I put it it into a Supplemental Fee Application, the Pan will never go through.
362(b)(3) may be a problem as well.
On Friday, November 3, 2017 7:22 PM, "Chris Gautschi sanschromo@yahoo.com [cdcbaa]" wrote:
Chapter 13 provides the debtor can cure all defaults in his or her plan. Put that in the plan and file an adversary
Against doll government entities you can justify and stick it to them they will cave in. Who you judge?
Sent from Yahoo Mail for iPhone
On Friday, November 3, 2017, 5:10 PM, Nathan Berneman nathanberneman@yahoo.com [cdcbaa] wrote:
who don't know the answers as well.
I have a situation where my client's car was repossessed by the DMV for not having registration tags while we were in a Chapter 13. My client told me about this about 2 months after the car was repossessed. Chapter 13 was just dismissed at a Trustee Motion to Dismiss hearing last week.
I'm filed a new Chapter 13 today so we can get the car back from the tow yard but they won't release it without the payment of their full fees despite the statutory lien being placed in the Chapter 13 Plan. I have sent them the standard automatic stay letter along with return of the car and they are waiting to see if their attorney (that they said they were not going to get) can call me and tell me otherwise.
My thinking is that the car registration must be brought current 1st to get release of the vehicle anyways but once paid, the tow yard would have to release the car or I can file a Motion for Turnover with sanctions (which I don't want to do as I have already put too much of my own time with little fees into both of these cases)..
Anyone ever have a situation like this or have any thoughts?
Please also email me at ntdberneman@verizon.net.
Thank you,
Nate Berneman

The post was migrated from Yahoo.

Chapter 13 provides the debtor can cure all defaults in his or her plan. Put that in the plan and file an adversary
Against doll government entities you can justify and stick it to them they will cave in. Who you judge?
Sent from Yahoo Mail for iPhone
On Friday, November 3, 2017, 5:10 PM, Nathan Berneman nathanberneman@yahoo.com [cdcbaa] wrote:
Hello everyone:
who don't know the answers as well.
I have a situation where my client's car was repossessed by the DMV for not having registration tags while we were in a Chapter 13. My client told me about this about 2 months after the car was repossessed. Chapter 13 was just dismissed at a Trustee Motion to Dismiss hearing last week.
I'm filed a new Chapter 13 today so we can get the car back from the tow yard but they won't release it without the payment of their full fees despite the statutory lien being placed in the Chapter 13 Plan. I have sent them the standard automatic stay letter along with return of the car and they are waiting to see if their attorney (that they said they were not going to get) can call me and tell me otherwise.
My thinking is that the car registration must be brought current 1st to get release of the vehicle anyways but once paid, the tow yard would have to release the car or I can file a Motion for Turnover with sanctions (which I don't want to do as I have already put too much of my own time with little fees into both of these cases)..
Anyone ever have a situation like this or have any thoughts?
Please also email me at ntdberneman@verizon.net.
Thank you,
Nate Berneman

The post was migrated from Yahoo.

Hello everyone:
who don't know the answers as well.
I have a situation where my client's car was repossessed by the DMV for not having registration tags while we were in a Chapter 13. My client told me about this about 2 months after the car was repossessed. Chapter 13 was just dismissed at a Trustee Motion to Dismiss hearing last week.
I'm filed a new Chapter 13 today so we can get the car back from the tow yard but they won't release it without the payment of their full fees despite the statutory lien being placed in the Chapter 13 Plan. I have sent them the standard automatic stay letter along with return of the car and they are waiting to see if their attorney (that they said they were not going to get) can call me and tell me otherwise.
My thinking is that the car registration must be brought current 1st to get release of the vehicle anyways but once paid, the tow yard would have to release the car or I can file a Motion for Turnover with sanctions (which I don't want to do as I have already put too much of my own time with little fees into both of these cases)..
Anyone ever have a situation like this or have any thoughts?
Please also email me at ntdberneman@verizon.net.
Thank you,
Nate Berneman

The post was migrated from Yahoo.