Legal Question in Bankruptcy in Georgia

Lienholders Rights

I sold one of my personal vehicles to a person on a payment plan. Than person went into bankruptcy. I told the person that I was going to reposses my vehicle before they told me anything about the bankruptcy. They hid the car from me for about 3 weeks. When I finally did get it back a lawyer called me and told me that even though I let the person know that I was coming to get my vehicle before the bankruptcy was filed, I still have to return it because I did not find it until after the bankruptcy was filed. Is this true? I am not a business I am an individual and this is my personal vehicle.


Asked on 1/31/06, 4:57 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Lienholders Rights

You violated federal bankruptcy law by repossessing it after the other person filed. Whether you told them ahead of time is not relevant, and it does not matter that you did not have knowledge of the bankruptcy at the time. Your best move is to give it back, prior to the debtor's lawyer filing a motion in court.

Read more
Answered on 1/31/06, 5:01 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Georgia