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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39139
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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hi,I used to own a gas station. the business was running in

Customer Question

hi,I used to own a gas station. the business was running in loss and i had to close it in august. after a month somebody call me and said that he would like to buy the gas pumps for $5000. I agreed and he took the pumps away.In 2 hours the bank called me and said that i cannot sell the pumps because it has a lien on the property and they can stop my bankruptcy. I called the guy rightaway who took the pumps to bring it back and install it. The guy put a stop payment on the check and bring the pumps but not the one he took it. its kind of old pumps.Now the bank told me to bring the old pumps back otherwise he will stop my bankruptcy. My question is , can the bank do anything to stop my chapter 7 bankruptcy .
Submitted: 6 years ago via Nolo Press.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.
The bank can claim that you are using the bankruptcy stay to permit you to liquidate assets in exchange for cash, and so the court should dismiss the entire bankruptcy as being filed in bad faith.

You may want to contact the police/sheriff and complain that the buyer returned the wrong pumps. If the police won't get involved, then you will have to sue the buyer to recover the real pumps, by holding the buyer in contempt. The bankruptcy trustee could also contact the buyer, and tell him that he/she is in contempt, unless he/she returns the correct pumps, and the court could have him/her thrown in jail until he/she agrees to return the pumps.

Hope this helps.