Legal Question in Bankruptcy in Iowa

we were told we could file chapter 7 banckruptcy and let them reposs a vehicle and motorcycle now they are saying we dont qualify after the lawyer told us to let the reposession take place is there any recourse we can take bsfore the garnishments start?


Asked on 9/11/09, 3:56 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

I don't understand. Why aren't you going to be able to file chapter 7? Because you have too much income? You can file for chapter 13. Pretty generally if you've defaulted on a retail sales contract where the chattel is the security (car, motorcycle) they can sue you and in the meantime they could use a repo man and sue you for the deficiency but to garnish they have to have a judgment in hand. That has not happened yet.

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Answered on 9/12/09, 4:23 pm


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