Legal Question in Bankruptcy in California

Violation of Automatic Stay??

I have a client who filed a ch. 13 bk, In Pro Per. His is currently in the bk and is making all payments on time. While he was under the protection of the automatic stay his vehicle was impounded by the sheriff because debtor did not have a license.

The lender paid to get the car out of impound and is now refusing to return it to the debtor unless he reimburses the impound fees ($1800) to the lender.

Is the lender in violation of the automatic stay in keeping the vehicle from debtor and demanding payment outside the bk plan??

Please advise.

Thank you for your time.


Asked on 4/24/98, 5:48 pm

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

Violation of Automatic Stay

I could have sworn I answered a very similar question recently. :) I will research this issue with the new facts. If you are still interested, please give me a call and I will provide you with my research.

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Answered on 5/14/98, 8:15 pm


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