Legal Question in Bankruptcy in Iowa

I used to make a lot of money with my previous job. I attempted to invest into several business ventures which failed miserably. I also spent money almost as fast as I made it and made foolish purchases. That having been said, I bought a truck brand new in the 1990s. In 2007 I was in a one vehicle accident and the truck sustained about $5000 in damage, but it was repairable. I only carried liability insurance at the time so the cost of the repairs were my responsibility. The truck had sentimental value as I had owned it for 15 years and it was still in great condition (despite the damage I had done to it).

I took the truck to a body shop and asked them to repair it. I was given an estimate of roughly $5600 to fix the truck. The owner of the shop said that they were behind and would get to it when they could. I checked up on the truck about once every month in the first year that it was at this shop and the owner had assured me that he would get to it. Several times I suggested that maybe I just haul it back home until they were ready to start the repairs and he said no he wanted the business and would definately get to it soon. Time just flew by and with the potential and then the eventual loss of my job, the truck was the least of my worries. After the first year I only checked on the truck every few months when I would drive by the shop or curiousity about the status of the repairs came to mind. Finally after nearly 4 years I had actually forgotten about it altogether. By 2011 I had lost my orginal job and had started new employment where my income had dropped to a mere $40,000 a year. A huge pay cut from the $150,000 a year I had made at my previous job. To top it off my terrible investments and poor spending habits had caught up with me, and I had no choice but to file for bankruptcy to get out of the nearly $1 million in debt that I had accumlated.

Right after filing for bankruptcy I recieved an invoice in the mail for my truck that I had dropped off at the repair shop 4 years earlier. It was finally completed, but at a cost of $7600. That's $2000 more than I was told it'd cost to repair. I obviously couldn't afford to pay the bill so I included the debt in my bankruptcy. Fast forward to July 2012, the bankruptcy has been discharged, the trustee had no interest in the truck and I no longer owed anything for the repairs. Problem is, the owner of the shop now thinks he has every right to keep the truck. He keeps it locked in his shop and refuses to grant me access to it unless I pay him the $7600 (that by law I no longer owe). He has also attempted to charge me $15 a day storage fees for the truck. My attorney is at a loss for what I can do. He believes that there should now be an artisan's lien on the truck. He believes that I should just give the truck to the guy.

So on one hand, I want my truck back. It is what it is, but had the shop owner not given me the run around and taken 4 years to complete the repairs, he'd have been paid and we wouldn't be in this mess. I don't want to just hand this truck to this guy, but I'm also not a position to pay $7600 either. An attorney had told me that I could easily recoup the truck by filing a replevin action. I'm just out of ideas here. Any advice in this strange situation?


Asked on 7/06/12, 1:35 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

As you know all property becomes property of the bankrupt estate, so it's no longer yours. Did you take any action in the original bankruptcy to retrieve it in the face of the trustee's abandonment? You've also made the shop owner an involuntary bailee and that's a problem as well. If you want the truck, pay the man the money he's out. He has some rights as a bailee but the way I see it you don't own the truck any more.

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Answered on 7/07/12, 9:09 pm


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