Legal Question in Bankruptcy in Massachusetts

I filed a motion to incur dept of which it was approved by the courts in Massachusetts. The motion to incur dept was mailed to be with a side-note that states approved, it's date and no lender objected. The lawyer tells me this is all I will receive from the courts to send to the auto finance manager. The auto finance manager states that the bank needs an approved letter from the courts or trustee in detail of the loan before they issue my new loan. My lawyer says what I received was the approval from the courts and the trustee will not type out any approval letter. How am I suppose to get a vehicle in this case? my original car was totaled.


Asked on 9/30/15, 2:26 pm

2 Answers from Attorneys
David Baker Law Office of David Baker

Go to the bankruptcy court clerk's office and ask for a certified copy of the order. I think there is a $26 fee. If that doesn't satisfy the auto finance manager, then go to some other car lot. If you have to go to another car lot, your attorney will had to file the motion again, unfortunately, but if it were me, I would file the new motion without charging a fee. That isn't necessarily fair to your current attorney so I wouldn't' make a fuss about it, because the certified copy really should do the job. Good luck!

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Answered on 9/30/15, 2:38 pm
Jed Berliner L J Berliner

The side note is on Page 1 of the motion and is called a margin endorsement. It is a court order. The details are contained in the rest of the motion which is not on Page 1. Your lawyer can easily supply the rest of the motion's pages.

I wouldn't bother with getting the order certified. If the finance manager refuses to honor an uncertified order, the certification won't change that. It won't add the details contained in the motion.

If push comes to shove your lawyer can draft a more detailed order for the court's approval which repeats the terms of the motion, but that's silly. Ask the dealer's general manager to overrule the finance manager.

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Answered on 10/04/15, 5:33 pm


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