Return of car repossessed prior to filing Chapter 7?
Posted: Wed Nov 11, 2015 12:50 pm
Hello Listmates,
I have a client whose car was repossessed prior to filing chapter 7. Before the case was filed, I explained that filing a 7 would not make the lender give the car back, and my client did not want to file a chapter 13. The lender has said if my client cures the default and pays the repo fee, he can get the car, which seems reasonable to me.
My client is convinced that maintaining possession of the car is a violation of the automatic stay, and that the car is property of the estate (there is no equity in the car). My client wants to go after the lender for violation of the automatic stay.
I have been reading cases on this issue, but they all seem to deal with Chapter 13 cases.
Can anyone help me with how to proceed or point me in the direction of some case law?
Thank you in advance,
Alisa
Sent from my iPhone
Alisa Admiral
Attorney at Law
5150 E. Pacific Coast Hwy, Suite 200
Long Beach, CA 90804
Tel. 562-277-1500
Dir. 562-810-8041
Fax. 562-277-1501
www.admirallegal.com
CONFIDENTIALITY NOTICE: This communication, with its contents and attachments, may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication and any attachments.
The post was migrated from Yahoo.