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Roger
Roger, Attorney
Category: Bankruptcy Law
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We are a Used Car Dealership in Huntington Beach California,

Resolved Question:

We are a Used Car Dealership in Huntington Beach California, and we finance our own vehicles in-house. on Jan 2, 2012 We sold and financed a BMW to one of our clients for 24 months. she only made 3 payments to us and then filed chapter seven bankruptcy on June 14, 2012, and her bankruptcy was dismissed by the court on Aug. 13, 2012. Apparently due to a small technicality. She again filed a chapter seven bankruptcy on Aug 16, 2013 for the second time. Our question to you is "Can we legally repossess this vehicle?" due to default in payments. Or should wait for the second bankruptcy to go thru, it seems like only trying to buy time.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney.

 

You cannot legally repossess the vehicle while she is in bankruptcy because the automatic stay (11 USC 362) prohibits any creditors from making any collection attempts against a debtor in bankruptcy.

 

HOWEVER, you can file a motion for relief from the automatic stay, whereby you ask the judge to lift the stay as to your claim and the associated collateral, which will allow you to proceed with repossessing the vehicle from the bankruptcy debtor.

 

This is a fairly simple process, and because you have a secured claim (debt secured by collateral), the court should allow you to lift the stay and recover the vehicle. However, you cannot proceed without first getting a court order giving you permission.

 

A local attorney can file a motion for relief from the automatic stay for your business - - you will have to get an attorney to do this because a business cannot be represented in court by a non-lawyer.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27242
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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