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Car Repossessed? Immediately get your repossessed vehicles back with Chapter 13

It is not uncommon for many of our clients to come to us too late, such as after a wage garnishment, bank levy, or auto repossession.  Yet most people do not realize that Chapter 13 can return repossessed vehicles immediately, and in most cases without paying any fees.  That’s right!  While you might be told by a creditor that you need to pay $1,800.00 to release the vehicle from impound, Chapter 13 eliminates those fees and allows the immediate release upon bankruptcy notice.

In fact, if the creditor refuses to release the vehicle after being placed on notice of the Chapter 13 case, it could be subject to sanctions, damages, attorneys’ fees and costs.  Indeed, this firm has received significant awards in such cases.  For example, Judge Mann issued a very favorable opinion for one of our clients indicating that the refusal to return the vehicle was a stay violation and the only issue was damages:

Here, in contrast, despite the repossession, the valuable rights of redemption and legal
title remained in the bankruptcy estate as of the petition date under Cal. Civ. Code §
2983.2. That in turn triggered the turnover obligations § 542(a). When Creditor failed to
respect those obligations, it violated the stay. Del Mission, 98 F.3d at 1151-1152.

Unfortunately for Creditor, stay violations are in essence strict liability offenses where its
intent is not relevant. Ozenne v. Bendon (In re Ozenne), 337 B.R. 214, 221 (B.A.P. 9th
Cir. 2006) (landlord’s violation of the automatic stay was willful for purposes of damages
regardless of the landlord’s good faith belief that the debtor no longer owned the
property).

Based upon this authority, it appears to the Court that there is no factual dispute that the
automatic stay was violated. Thus, the only issues to be decided at trial are those of
damages. The parties are to address whether discovery is necessary and what other
pre-trial proceedings are necessary to bring this matter to a conclusion.

Its Never Too Late

If your vehicle was repossessed, you can probably get it back immediately for free.  For further information, contact us at Doan Law Firm. We are here to make the difference and stop creditor abuse!

Written by Michael G. Doan

Owner of the Oceanside Bankruptcy Attorney office, Michael not only manages his business, but is also a highly skilled San Diego Bankruptcy Attorney with over 20 years of experience. He specializes in many fields, such as: insolvency, bankruptcy, consumer rights, debt negotiation, creditor collection abuse, estate planning, contracts, real estate, and tax. Michael is currently concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only fourteen such attorneys in all of California. Mr. Doan also practices on the cutting edge of bankruptcy law, and was the first attorney in the entire Southern District of California to file the very first Chapter 7 Bankruptcy and very first Chapter 13 Bankruptcy under the new Bankruptcy Laws which went into effect on October 17, 2005.

The San Diego Bankruptcy Attorneys of Doan Law Firm

The San Diego Bankruptcy Attorneys of the Doan Law Firm, California’s Largest Family of Attorneys, Specializing in Bankruptcy, and Non-Bankruptcy Alternatives.

At Doan Law our Bankruptcy Attorneys will answer all your Chapter 7 and Chapter 13 Bankruptcy questions. Call us now to meet with one of our expert bankruptcy attorneys, at any of our San Diego Bankruptcy offices, call (760) 450-3333.

For more information from an experienced San Diego Bankruptcy Attorney from Doan Law Firm, please CLICK HERE. Hablamos Espanol.