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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34089
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I filed Bankruptcy and it was Discharged on July 20, 2009.

Customer Question

I filed Bankruptcy and it was Discharged on July 20, 2009. The Judge granted me to redeem my 20022 Doge Intrepid for $500. I called finance company on August 25 to see where I should send the money order on Sept 4. They told me September 4th was ok. On August 27th the finance company came and took the car. I call the clerk of the Bankruptcy court and they said seek a lawyer because the Judge granted you reddemption and there was no due date to pay it. The finance company should have not taken the car and I can sue. How should I proceed? Do I do a motion with the federal courts? Or do I just sue them in my towns court for a civil suit? Please Help as soon as possible.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 5 years ago.

I will answer your question, trusting that you will Accept my answer, even though you have apparently failed to do so twice before.

Your right to redeem has nothing to do with the creditor's right to repossess your collateral. You can redeem by paying the full secured value of the vehicle, and then the lienholder must return it to you immediately, or you can sue for contempt of the bankruptcy court orders.

Hope this helps.

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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34089
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
This helps but for $45, I thought I would atleast get some specifics, like what court do I use to sue for contempt of the court orders. And how do I determine the amount of the law suit. Do I use my local court or do I use the Bankruptcy court. The court agreed to the amount of redeemption and the finance company did not object. So the judge ruled in my favor without a hearing because the finance company did not object to it.
Expert:  socrateaser replied 5 years ago.

What court do I use to sue for contempt of the court orders?

 

A: You must sue in federal bankruptcy court where the order was originated.

 

And how do I determine the amount of the law suit?

 

A: You ask for damages for your costs, attorney's fees, costs of suit, cost of alternative transportation, and punitive damages to discourage future abuses.

 

 

Do I use my local court or do I use the Bankruptcy court?

 

A: Bankruptcy court.

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