Redemption of a car in Chapter 7
Posted: Thu Jul 26, 2012 12:17 pm
Nick: Thank you! I may not post much on this group but I sure do appreciate it.
David
>
> Dear David,
>
> Please review 11 U.S.C. 102(1) for the meaning of "after notice and a hearing" as used in the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. In particular, you will see that 102(1)(B) permits a scream or die motion.
>
> Desiree's original question asked if she could bypass the motion requirement altogether. My answer was, no. Fed. R. Bankr. Proc. 6008, coupled with 102(1)(B), indicates that a scream or die motion is both necessary and sufficient (if no one requests a hearing) to redeem the car.
>
> All the best,
>
> Nick
>
> Nicholas Gebelt, Ph.D., J.D.
> Certified Bankruptcy Specialist
>
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dbcommons
> Sent: Thursday, July 26, 2012 9:42 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Re: Redemption of a car in Chapter 7
>
>
>
> Nick: I just had a conversation about this with our local (SB) clerk, who is normally very knowledgeable. My question: can I do a redemption as a scream or die? She was not sure. FBR 6008 says "after hearing on notice as the court may direct . . . ." Isn't that what "the Court" is doing in LBR 9013-1(o) (even if there is in fact no hearing)?
>
> David Commons
>
> --- In cdcbaa@yahoogroups.com, Nicholas Gebelt wrote:
> >
> > Dear Desiree,
> >
> > Please look at Fed. R. Bankr. Proc. 6008. Motion with hearing. If Chase is willing to give your client the pink slip for the cash, without a motion and hearing, great. But the rules require a motion with hearing. This is probably to protect the debtor from the creditor changing the terms during the process.
> >
> > Good luck,
> >
> > Nick
> >
> > Nicholas Gebelt, Ph.D., J.D.
> > Certified Bankruptcy Specialist
> >
> > [Description: cid:image003.jpg@]
> >
> > Law Offices of Nicholas Gebelt
> > 15150 Hornell Street
> > Whittier, CA 90604
> > Phone: 562.777.9159
> > FAX: 562.946.1365
> > Email: ngebelt@;
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