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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39149
Experience:  Retired (mostly)
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Are you a Bankruptcy lawer...with knowledge of shely county

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Are you a Bankruptcy lawer...with knowledge of shely county Tennessee?
JA: I hope not.
Customer: Sorry....:)
JA: What state are you in? And has anything been officially filed?
Customer: Tennessee....Yes....I am a BHP car dealer.....I have a odd situation.
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No....

Hello,

What's your bankruptcy law question?

Customer: replied 4 months ago.
OK Here we go ....I sold a vehicle to a Lady that gave me a "TWO" party check ...that I took by mistake.(Not checking the fact that it was a two party check) my mistake! The check was from the Auto insurer in a her bankruptcy case. Her bankruptcy has since been dismissed.
Since the dismissal the courts put a stop payment on the check and issued a New check to pay off the original lien holder.
Now she has filed against me...Even though her down payment check is NOT negotiable. SO what to I do?
Her attorney is aware of the whole situation.

She as filed against you for what?

Customer: replied 4 months ago.
Chapter 13 protection....

Sorry for the delay (I was on the phone with a "real-world" client).

I'm a bit confused. You say that she filed bankruptcy, and it was dismissed. Are you saying that she filed another bankruptcy petition after the first dismissal?

Customer: replied 4 months ago.
A new bankruptcy Chapter 13

Okay, thanks.

As a general rule, the automatic stay terminates after 30 days, where a debtor whose bankruptcy is dismissed, files a second bankruptcy within one year. However, to "play it safe," before you go after the debtor on the unpaid debt, you need to ask the bankruptcy court whether or not the stay is lifted against the money represented by the check. This is called a "comfort order," and it's used by bankruptcy lawyers to ensure that their client won't be held in contempt, when an issue like you're describing arises.

The problem with this particular issues, is that many individual judges differ on their opinion about whether or not the stay is lifted after 30 days. Consequently, the only way to know for certain is to either talk to a bankruptcy lawyer who regularly appears before the judge in this specific bankruptcy case -- or, request a comfort order from the judge.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer: replied 4 months ago.
OK....I forgot to mention....But I have already repoed the car. It is in my possesion.
I told her lawyer that she has to bring the original down payment in cash.She picked the bogus check Saturday ..to try to cash it.So ....I take it that I cannot sell the car at present or can I?

You need to wait 30 days before selling the vehicle, because there's a chance that the bankrutpcy trustee may demand that the proceeds of sale be turned over to the trustee. The vehicle probably isn't worth enough money for the trustee to want it -- but, you also don't want the debtor's lawyer filing a contempt motion against you for selling the vehicle, because that could cost you a great deal more than the vehicle is worth.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

socrateaser and 3 other Legal Specialists are ready to help you
Customer: replied 4 months ago.
Awesome ...Thanks.

You're welcome and thanks for using Justanswer!