Legal Question in Bankruptcy in California

what consequence for automatic stay violation?

Is there such a provision? This is my quandry! I have a client that filed a Personal Chapter 7,had included his personal vehicle and it fell under the statute and was listed in same Bk,the "lienholder" was notified by phone two different times by petitioners counsel,and the lienholder had also called back same counsel to ask about submitting forms and never did,and arbitrarily had the vehicle repossessed while the client was still under the "automaticstay"and the lienholder knew that he was NOT to take the car,now the client wants to know if there is some kind of re course for this?Civil? breach of contract?the lienholder has scoffed and laughed at the Federal Court and is convinced that the car will never be returned. What can the client do? Thanx!


Asked on 10/15/98, 5:16 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: what consequence for automatic stay violation?

Well, putting aside for the moment the necessary omitted facts such as whether your client was current on the payments when the BK was filed, or whether he sought to reaffirm the debt, etc, your remedies are in the bankruptcy court and can be found in 11 U.S.C. 362(h) (violation of stay) and 11 USC 105 (contempt).

Mark Markus

Law Office of Mark J. Markus

11684 Ventura Blvd., Ste. 403


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Answered on 12/29/98, 2:07 am


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