Legal Question in Bankruptcy in California

can they take my car

Why would a creditor's attorney file a Motion for Relief from the Automatic Stay, get a hearing date and then not show up, have the hearing date continued by the Court (until a date AFTER the case was discharged) and then not show up again only to have the motion denied. Now my question is, why would such a motion be denied and does that mean that this creditor can still pick up the property (vehicle)? This is such a confusing situation. The Court says the creditor now needs a court order to do so, but the creditor says no, they don't. My case has not been closed as of yet.


Asked on 7/21/99, 8:56 pm

1 Answer from Attorneys
Marcus G. Tiggs Slate and Leoni, A Professional Corp

Re: can they take my car

I can't answer why creditors counsel failed to appear at the Motion for Relief Hrg, and why the judge did not just deny the motion at that time.

It is not uncommon, due to heavy court calendars that a Motion for Releif Hrg is set by to be heard on a date subsequent to the entry of discharge. Some Judges will deny the motion based upon mootness (this may have happend here). The matter is moot because the Automatic Stay is over due to the discharge. Hence, under state law the secured creditor may be free to repossess the auto without further court approval.

I am a Certified Bankruptcy Law Specialist, State Bar of California.

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Answered on 7/22/99, 5:04 pm


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