Legal Question in Bankruptcy in California

Post Discharge Reposessions of Vehicles

I would like to know how long after getting your discharge papers from lthe Court, does a Lender have to wait in California prior to reposessing your vehicle. I am planning to convert from my Chapter 7, back to a Chapter 13. I sytarted in Chapter 13, converted to a Chapter 7, and am now going to convert back to a Chapter 13. Is there a mimimum waiting period prior to them being able to reposess my vehicle?


Asked on 10/31/97, 10:40 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

converted bankrupty/repossession

First, if you converted from a 13 to a 7, youcannot convert back to a 13 without court permission, which would almost certainly require you to surrender your discharge. Whynot just file a new case as a 13?

Once a discharge is issued, the automatic stayexpires. A reposession can take place immediately upon issuance of the discharge ifthe payments are in default.

Your lawyer should be able to advide you on these issues.

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Answered on 11/03/97, 3:14 am


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