Legal Question in Bankruptcy in California
Post Discharge Repossession
Does a chapter 7 case need to be closed prior to repossession of a vehicle or can a creditor repossess upon discharge but before the case is recorded as closed? Assuming that the account is in default.
2 Answers from Attorneys
Re: Post Discharge Repossession
If the Trustee has abandoned the asset, then the creditor can repossess without court approval after discharge. Otherwise, the creditor needs to wait until the case is closed or obtain relief from the automatic stay from the court to repossess.
Re: Post Discharge Repossession
Thank you for your posting and inquiry.
A creditor can repossess a vehicle with the consent of the debtor (a voluntary repossession), or with a motion for relief from stay, or after case closure, so long as the account is in default. As Mr. Markus noted, the trustee may also abandon the asset, freeing the creditor to repossess it.
I hope that this information helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
