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We had vehicles taken from us in a civil lawsuit 3 years and is still currently being held by local sheriff.

Tallahassee, FL |

Since then we filed chapter 7 bankruptcy which we have now been cleared by trustee and court. What can be done at this point to get vehicles back?

Attorney Answers 3


YOur question requires too many follow-up questions for a simple answer. You should contact your bankruptcy lawyer to work through this. The answer depends upon whether the vehicles were repossessed by the lender or seized by creditors. If repossessed by lender, likely you cannot get them back. If seized by creditor, was it less than 90 days prior to the bankruptcy? Is the bankruptcy case still open, do you have any exemptions to claim in the vehicles? If seized by a credtior more than 90 days prior to your bankruptcy filing date, not likely you can get them back. If less than 90 days, and you have some exemption claim, then you might be able to get them back by motion filed with the bankruptcy court. You need an attorney for this.

Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.

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This question needs to go to your BK lawyer. It has a lot do with if you have exemption room, if things were listed correctly, if the trustee wants a crack at them etc....

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It would depend upon more facts than you have provided. Who took the vehicles? Was it for a judgment lien? Was it by the lender that you owed a purchase money loan for the vehicles? What happened?

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