Howdy kiteah-ga,
A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."
From the information that you have provided, you should get a lawyer involved
as soon as possible (today) because you might have broken the "automatic stay"
part of the bankruptcy process, that is, you might have broken the law.
More on automatic stays from the FindLaw web site.
http://bankruptcy.findlaw.com/bankruptcy/bankruptcy_overview/bankruptcy_overview_chapter_7.html
"Filing for bankruptcy puts into effect something called the 'automatic
stay.' The automatic stay immediately stops your creditors from trying to
collect what you owe them. So, at least temporarily, creditors cannot legally
grab (garnish) your wages, empty your bank account, go after your car, house
or other property, or cut off your utility service or welfare benefits."
The Idaho courts might frown on the course of action you might have taken, at
least under certain circumstances, as shown by this Idaho court decision.
http://www.id.uscourts.gov/decisions-bk/masi_memo.pdf
"Chapter 7 Debtor ... asks for an award of money damages from ... his company
... because, she alleges, they willfully violated the automatic stay."
Again, you have possibly crossed the line wherein an attorney needs to be
involved, because at this point, someone, preferably a lawyer, probably needs
to contact the court or bankruptcy trustee, if one has been appointed.
The "Idaho Bankruptcy Law" web site addresses bankruptcy trustees.
http://www.idahobankruptcy.com/process.html
"Upon filing, the court will assume legal control of your debts and property
not covered by your Idaho exemptions. A trustee will be appointed to your case
by the court. The job of the trustee is to see that your creditors are paid as
much as possible."
At this point, merely returning the car, or filing for an exemption to the
bankruptcy exemptions, will probably not be enough. Get an attorney as soon
as possible, and see if they have to contact the court in order to redress
the potential violation of the automatic stay provisions of the bankruptcy
regulations.
The type of bankruptcy filed (Chapter 7 or Chapter 13) will go a long way to
determine what the outcome of the bankruptcy in regards to if/when the car
is returned to you.
If you need any clarification, please feel free to ask.
Search strategy:
Google search on: Idaho bankruptcy stay exempt OR exemption
://www.google.com/search?q=Idaho+bankruptcy+stay+exempt+OR+exemption
Looking Forward, denco-ga - Google Answers Researcher |
