Legal Question in Bankruptcy in Florida

My rights as a creditor in a bankrupcy

I sold a car to a person who has defaulted on her payments. I hold title to the vehicle that shows I am the first lien holder. The person has refused to give the car up and has locked the car in her garage so that a repo company I hired cannot reposess the car. She is filing for bankrupsy on or about the 3rd of Jan, 1999. What remidies do I have to protct my interest.


Asked on 12/31/98, 12:23 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: My rights as a creditor in a bankrupcy

To proceed to recover your collateral after the petition has been filed, you must first obtain an order from the Court allowing you to go ahead. This is known as obtaining 'relief from stay'. The debtor may keep the vehicle if it pays the monies due and elects to affirm the debt. There are difference between chapter 7 and 13 debtors and your rights to each. I suggest , if you are in my area, to call for an appointment. The first 15 minutes are without obligation. Call 305-940-8080. You probably will need the assistance of counsel.

Alexander M. Rosenfeld

Rosenfeld & Stein, P.A.

18260 NE 19 Ave


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Answered on 1/25/99, 4:50 pm


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