It’s a common situation: creditor repossesses a car prepetition; debtor files a chapter 13 case and asks for a return of the car. Does the creditor violate the automatic stay by retaining the car? Read about the Supreme Court’s January 14, 2021 opinion.
When I see a similar court order entered in several cases, I begin to watch for new developments or trends. Is the court communicating a new policy? Are different attorneys making the same mistake? Read on to learn about two common errors the court is trying to correct on a case-by-case basis.
Debtor was in a chapter 13 case but couldn’t make plan payments. Case got dismissed. Debtor files a second case within a year. How is the automatic stay affected?