Legal Question in Bankruptcy in Indiana

Repossession before filing

We repossessed a car 3 days before the chapter 13 bankruptcy was filed. Since it was repossessed before filing, we believe the ''automatic stay'' should not apply to this vehicle even though the people have listed it as one of their assets. They purchased it 6 weeks before filing.Do we have to return the vehicle to the customer?


Asked on 12/26/01, 3:29 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: Repossession before filing

If you repo'ed the care before the filing date, you're fine.

Automatic stay goes into effect after the filing, not before.

You're lucky you got it when you did!

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Answered on 12/28/01, 11:04 am


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