Legal Question in Bankruptcy in Georgia

''motion for release''?

A client of mine filed chap 13 listing my company as creditor. never received bk court documents- hearing was last month. found out her attorney did not submit my address to courts just my city and state- hence why never received proper papers. I repoed her car and still have it. I was told to submit a motion of release to courts due to her attorneys mistake- what is a motion of release. i know i have to file it in the bk courts, send her and her attorney a copy. my question is what exactly is a motion of release and how do I draw one up. Where can I find an example? this is all from the clerks office. should i submit a copy of the paper her attorney filed so that it backs up my claim?


Asked on 8/31/06, 1:18 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: ''motion for release''?

I am guessing you mean a "Motion for Relief." Explaining how to draft that is beyond the scope of what anyone can do here. You need to get a local lawyer who knows BR law to handle it for you. You may have violated the law by repossessing the car after the filing of the BR case, and if so, your lawyer needs to handle that as well.

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Answered on 8/31/06, 1:23 pm
Bernd Stittleburg Stittleburg Law Offices, LLC

Re: ''motion for release''?

I agree with Mr. Riddle, you need to find a local bankruptcy attorney to help you on this one.

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Answered on 8/31/06, 1:34 pm


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