Legal Question in Bankruptcy in California
Have a lien sale pending on a vehicle owned by a brother and a sister. Brother was our customer and abandoned the vehicle without paying for work done on it. when leinsale was attempted sister opposed it. we are pending court to settle this however in the mean time brother files chapter 7. I can file a motion to lift the stay on the lien sale but how does this all effect the sisters rights on the vehile?
2 Answer from Attorneys
This is an area that I do not know much about, but knowledge as to other areas of the law suggest ther is no effect on her rights. She can not cross-complain against him as long as the stay is in effect, but can then do so or file a separate suit for contribution afterwards. From your view point, you want a joint and several judgment against them both do not want to get a judgment against just one defendant [although he probably has no assets so judgment becomes meaningless]. She might be able to convince a judge to delay for a little while as she wants to estabish her brother's liability, but that is not really necessary.
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