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?


Asked on 4/06/07, 10:33 am

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.

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Answered on 4/06/07, 12:31 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

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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Answered on 4/06/07, 12:51 pm


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