Legal Question in Bankruptcy in California

Reposession fo a vehicle

My situation is as follows: I filed for a chapter 13 to protect my home and vehicle since I had been laid off and unable to find work. The company that owns the pink slip on my vehicle filed a motion to stay and won the stay. I have fallen behind on my payments and they are trying to recover the vehicle. I since have sold my home and currently in escrow and will close end of month. I have contacted the creditor to advise them that I will pay off the entire loan once I received the monies from the sale of my home. They are demanding I turn over the car immediately and if I don't they will send the police with the recovery company to arrest me. I advise them that I began working and need my vehicle since I am outside sales. They did not care and demanded the car or be arrested My question is: Can they do that, and am I in any kind of violation? Please advise. Thank you


Asked on 9/14/00, 6:37 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Reposession fo a vehicle

Well, this isn't really a bankruptcy question. If they obtained relief from the automatic stay (which is what I assume you meant) then they can repossess the vehicle pursuant to California law if you are in default on your payments to them. I don't see any basis for arresting you, however.

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Answered on 10/17/00, 2:54 am


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