What would you do if you found out that your car had been repossessed - after you filed for bankruptcy? According to bankruptcy lawyer Patrick Kavanagh, who runs the Law Offices of Patrick Kavanagh, P.C. in Bakersfield, California, you have the right to sue and get damages. Here, he explains what wrongful - and willful - repossession really mean.
Wrongful repossession is what we call it when something is taken unlawfully after the bankruptcy is filed. If a car is a repossessed post-bankruptcy, for example, you can frequently get it back. Basically, it can either involve a phone call, if it is a sort of an honest mistake, or it can involve filing a lawsuit in the bankruptcy called an adversary proceeding.
Willful Repossession
Wrongful repossession is fairly rare as most creditors obey the law as they will get sued if they do not. If it is a willful repossession, they can be sued and you can get damages. That can be proved as your lawyer can prove that the creditors were told about the bankruptcy, that they knew about it, yet they still went ahead and repossessed it. Or they repossessed it after the bankruptcy was filed, and then they refused to give it back. They are subject to the automatic stay just like everybody else.
Vehicle Repossession
When a person purchases a vehicle, the contract often states that it can be repossessed if they default on payments. When or if this happens, certain steps need to be taken to make sure the process is completely legal. If the steps are not followed, such as if a creditor tries to repossess the car after an automatic stay is in place, then this is illegal.
If you have any questions concerning wrongful repossession or bankruptcy in general, we are here to help. We have more than 20 years’ experience in helping people deal with financial problems. Our clients are important to us. That is why we address each client’s needs on an individual basis, and provide the best service we can that is tailored to them. We will return your phone calls, and you can speak to your attorney personally.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
