Legal Question in Bankruptcy in North Carolina

Bankruptcy Law & Civil Suits

A mechanic that was working on my vehicle claims the vehicle disappeared from his shop in August. It was in a non-secured area . I was never notified of the disappearence. He declares bankruptcy in Nov and claims to have no knowledge of the whereabouts of said vehicle. QUESTION: Do I have Civil recourse on the grounds that he was negligent and did not provide reasonalbe care of the secuirty of said vehicle while in his care?


Asked on 11/26/97, 11:57 am

1 Answer from Attorneys

Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Bankrupt mechanic "lost" aotomobile

A. You need to file a claim with the bankruptcy court unless the bankruptcy estate is insolvent.

B. In order to sue the mechanic, you need to file a motion for relief from automatic stay; if relief is not granted, your suit will land you in conyempt of the bankruptcy court.

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Answered on 11/26/97, 10:43 pm


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