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Category: Bankruptcy Law
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I declared chapter 7 bk in 2001. Within the last few months

Resolved Question:

I declared chapter 7 bk in 2001. Within the last few months I realized that Premier Auto Finance repossessed my car AFTER I filed. Is there any recourse?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.

You could re-open the case to assert that the creditor violated the automatic stay. However, this is not likely to result in you gaining much from the action, and it would cost more than its worth in all likelihood.

 

Here are the rules on reopening a case.

 

Rule 5010. Reopening Cases
A case may be reopened on motion of the debtor or other party in interest pursuant to § 350(b) of the Code. In a chapter 7, 12, or 13 case a trustee shall not be appointed by the United States trustee unless the court determines that a trustee is necessary to protect the interests of creditors and the debtor or to insure efficient administration of the case."

 

§ 350

 

(a) After an estate is fully administered and the court has 50. discharged the trustee, the court shall close the case.
(b) A case may be reopened in the court in which such case was closed to administer assets, to accord relief to the debtor, or for other cause.

 

There is no statute of limitations, as such. Reopening the case would depend upon the criteria listed in §350 of the Bankruptcy Code.

 

Customer: replied 4 years ago.
please explain: " this is not likely to result in you gaining much from the action, and it would cost more than its worth in all likelihood."
Expert:  Roger replied 4 years ago.

Re-opening the case to allege that the lender violated the automatic stay does not guarantee that you'll get your car back or the lender's lien will be voided because of the violation. In fact, this is highly unlikely.

 

Also, it will cost you money to re-open the bankruptcy, and you really don't stand to gain much by doing so.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26320
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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