Legal Question in Bankruptcy in Nevada
bankruptcy
My husband and I filed Chapter 13
bankruptcy in October 2002. June of
2003 a law firm contacted us
regarding some dirtbikes. Since we
couldn't afford to pay them, they
arranged to pick up the bikes. Then
they never showed up. We left
messages and they never returned
our calls. Then, December 2005, the
company called again. This time we
arranged to pay them. When we
came up with the money (in
February 2006) we left several
messages on voicemail for them and
got no return call. Now, they are
caling again and want payment or
return of merchandise. Is this legal?
Isn't there a limit to the collection of
collateral?
2 Answers from Attorneys
Repossession of dirtbikes
If this creditor holds the title to your dirt bikes as a condition of financing the purchase, they own them until these bikes are paid off. You do not get to receive a gift of the dirt bikes because the creditor is not effective at communicating or collecting. I have to wonder why this issue was not resolved in your Chapter 13. You could have proposed a very favorable arrangement to pay a small amount to keep the dirt bike if you had an experienced Bankruptcy attorney representing you. It is always a mistake to represent yourself because even though you think you have a simple case, when you don't know what you are doing, you create problems that cannot be resolved by the time you realize you are in trouble.
Re: bankruptcy
To answer your question, there is a statute of limitations but that time stops while you are in bankruptcy. If you are still in bankruptcy, you would be required to get court approval to buy the bikes back but they are required to get court approval to repossess them. Furthermore, if they have called you while you are in bankruptcy, they are violating the automatic stay and you could get $1,000 from them.
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