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Can the creditor retain, delay, or refuse to return my vehicle after chapter 13 filing and notice?

Visalia, CA |

This is a second filing in the last 12 months as previous case was dismissed for non-payment of plan payment (circumstances now changed.) Creditor moved vehicle to a different city, refused to speak with me (pro per), and said they will get back to me at their convenience when they have reviewed my file. They did say it would take several days to return the vehicle. They also accused me of wanting a "free" car berated me for filing. I know the stay expires w/in 30 days.

Attorney Answers 3


  1. Best answer

    You think there is a violation of the say but I don't understand the timing. Was there a say when they repossessed the car or was the car taken in the interim period between filings?

    Be sure to designate "best answer." If you live in S. California, you may call my firm for a consultation 818-507-6000. The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.tilemlaw.com for more information about my services.


  2. If they do, you will need to take legal action within the bankruptcy to enforce your rights. Doing this pro se will not be a picnic. Hope this perspective helps!


  3. When did they take the car: before or after filing? Have you sought an extension of the stay? What is their reasoning for repo-ing the car? How do you treat the debt on the car in your new plan?
    You may need to file a motion for sanctions for violation of the stay, or a motion for turnover. Without knowing more about the issue, it's hard to say what you should be doing, other than obtaining counsel to address these concerns and make sure you understand and can enforce your rights.

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