Central District Consumer Bankruptcy Attorney's Association

A number of years ago, a client of mine leased a Mercedez Benz. I cannot
even recall whether there was a motion for relief from stay filed or not
during his bankruptcy case. I did however, at a certain point, tell the
client to return the car. The client told me that his ex-wife disappeared
with the car and was no where to be found. The leasing company did not do
anything after the BK case and that was the end of the story. Sometimes
strange things happen.
A number of years ago, a client of mine leased a Mercedez Benz. I cannot even recall whether there was a motion for relief from stay filed or not during his bankruptcy case. I did however, at a certain point, tellappeared with the car and was no where to be found. The leasing company did not do anything after the BK case and that was the end of the story. Sometimes strange things happen.

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I am not sure whether I have missed something here. Whether or not the collateral was repossed during the pendency of the case is not the issue. The lien (I am presuming there was a lien)survives the discharge and B&A's client is free to go after the collateral under state law.
Simon J. Dunstan
HUGHES & DUNSTAN, LLP
Suite 1960
21650 Oxnard Street
Woodland Hills, California 91367
>
> Client never reaffirms a Yamaha Rhino off road vehicle worth (allegedly)
> 5-10K after receiving Bass and Associates standard letter.
>
> Bass and Associates nevers repossesses collateral, client gets discharge and
> now the client asks:
>
> (1) Is the Yamaha now mine?
>
> (2) Will there be any trouble dealing with title/registration of the DMV?
>
> My thinking is that the creditor lost the chance to repossess the
> collateral, and title should be free and clear to my client.
>
> Anyone else reading the list serv this holiday season? Buller?
>
>
>
> --
> Robert S. Vitt
> VITT LAW FIRM
>
> 3200 E. Guasti Road Ste 100
> Ontario, CA 91761
> 909.275.7594 Office
> 909.275.7621 Facsimile
> www.bankrutpcy-ie.com
> www.vittlawfirm.com
>
> Any tax advice contained in the body of this e-mail was not intended or
> written to be used, and cannot be used, by the recipient for the purpose of
> avoiding penalties that may be imposed under the Internal Revenue Code or
> applicable state or local tax law provisions.
>
> Privileged And Confidential Communication.
> This electronic transmission, and any documents attached hereto, (a) are
> protected by the Electronic Communications Privacy Act (18 USC
> 2510-2521), (b) may contain confidential and/or legally privileged
> information, and (c) are for the sole use of the intended recipient named
> above. If you have received this electronic message in error, please notify
> the sender and delete the electronic message. Any disclosure, copying,
> distribution, or use of the contents of the information received in error is
> strictly prohibited.
>

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charset="windows-1251"
Liens are unaffected by bankruptcy. Lien survives bankruptcy. Obligation
is now non-recourse. Title cannot be changed because it stands in name of
creditor.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Robert Vitt
Sent: Tuesday, December 29, 2009 8:09 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Bass & Associates--Part Two
Client never reaffirms a Yamaha Rhino off road vehicle worth (allegedly)
5-10K after receiving Bass and Associates standard letter.
Bass and Associates nevers repossesses collateral, client gets discharge and
now the client asks:
(1) Is the Yamaha now mine?
(2) Will there be any trouble dealing with title/registration of the DMV?
My thinking is that the creditor lost the chance to repossess the
collateral, and title should be free and clear to my client.
Anyone else reading the list serv this holiday season? Buller?
Robert S. Vitt
VITT LAW FIRM
3200 E. Guasti Road Ste 100
Ontario, CA 91761
909.275.7594 Office
909.275.7621 Facsimile
www.bankrutpcy- ie.com
www.vittlawfirm. com
Any tax advice contained in the body of this e-mail was not intended or
written to be used, and cannot be used, by the recipient for the purpose of
avoiding penalties that may be imposed under the Internal Revenue Code or
applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
charset="windows-1251"
Message
Liens are unaffected by
bankruptcy. Lien survives bankruptcy. Obligation is now
non-recourse. Title cannot be changed because it stands in name of
creditor.


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

Liens survive bankruptcy. Basic, basic rule. There would be no commercial financing if this fantasy was true.
D
Sent from my iPhone
On Dec 29, 2009, at 8:09 PM, Robert Vitt wrote:
Client never reaffirms a Yamaha Rhino off road vehicle worth (allegedly) 5-10K after receiving Bass and Associates standard letter.
Bass and Associates nevers repossesses collateral, client gets discharge and now the client asks:
(1) Is the Yamaha now mine?
(2) Will there be any trouble dealing with title/registration of the DMV?
My thinking is that the creditor lost the chance to repossess the collateral, and title should be free and clear to my client.
Anyone else reading the list serv this holiday season? Buller?
Robert S. Vitt
VITT LAW FIRM
3200 E. Guasti Road Ste 100
Ontario, CA 91761
909.275.7594 Office
909.275.7621 Facsimile
www.bankrutpcy-ie.com
www.vittlawfirm.com
Any tax advice contained in the body of this e-mail was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
Liens survive bankruptcy. Basic, basic rule. There would be no commercial financing if this fantasy was true.DSent from my iPhoneOn Dec 29, 2009, at 8:09 PM, Robert Vitt <robertvitt@vittlawfirm.com> wrote:

Client never reaffirms a Yamaha Rhino off road vehicle worth (allegedly) 5-10K after receiving Bass and Associates standard letter.

Bass and Associates nevers repossesses collateral, client gets discharge and now the client asks:

(1) Is the Yamaha now mine?

(2) Will there be any trouble dealing with title/registration of the DMV?

My thinking is that the creditor lost the chance to repossess the collateral, and title should be free and clear to my client.

Anyone else reading the list serv this holiday season? Buller?

-- Robert S. VittVITT LAW FIRM3200 E. Guasti Road Ste 100Ontario, CA 91761909.275.7594 Office909.275.7621 Facsimilewww.bankrutpcy-ie.com
www.vittlawfirm.comAny tax advice contained in the body of this e-mail was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

The post was migrated from Yahoo.

Client never reaffirms a Yamaha Rhino off road vehicle worth (allegedly)
5-10K after receiving Bass and Associates standard letter.
Bass and Associates nevers repossesses collateral, client gets discharge and
now the client asks:
(1) Is the Yamaha now mine?
(2) Will there be any trouble dealing with title/registration of the DMV?
My thinking is that the creditor lost the chance to repossess the
collateral, and title should be free and clear to my client.
Anyone else reading the list serv this holiday season? Buller?
Robert S. Vitt
VITT LAW FIRM
3200 E. Guasti Road Ste 100
Ontario, CA 91761
909.275.7594 Office
909.275.7621 Facsimile
www.bankrutpcy-ie.com
www.vittlawfirm.com
Any tax advice contained in the body of this e-mail was not intended or
written to be used, and cannot be used, by the recipient for the purpose of
avoiding penalties that may be imposed under the Internal Revenue Code or
applicable state or local tax law provisions.
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC
2510-2521), (b) may contain confidential and/or legally privileged
information, and (c) are for the sole use of the intended recipient named
above. If you have received this electronic message in error, please notify
the sender and delete the electronic message. Any disclosure, copying,
distribution, or use of the contents of the information received in error is
strictly prohibited.
Client never reaffirms a Yamaha Rhino off road vehicleworth (allegedly) 5-10K after receiving Bass and Associates standard letter.
Bass and Associates neversrepossesses collateral, client gets dischargeand now the client asks:
(1) Is the Yamaha now mine?
(2) Will there be any trouble dealing withtitle/registration of the DMV?
My thinking is that the creditor lost the chance to repossess the collateral, and title should be free and clear to my client.
Anyone else reading the list serv this holiday season? Buller?
-- Robert S. VittVITT LAW FIRM3200 E. Guasti Road Ste 100Ontario, CA 91761909.275.7594 Office909.275.7621 Facsimilewww.bankrutpcy-ie.com
www.vittlawfirm.comAny tax advice contained in the body of this e-mail was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.
Privileged And Confidential Communication.This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

The post was migrated from Yahoo.