[CLBS] Potential stay violation

[Matthew T. Christensen]

Was the repossession validly done, or did they somehow violate Idaho repo statutes?  I would think, if the repo was validly done, that it's not a stay violation - the property ceased being property of the Debtor (see Section 541(b)(8)).



However, I might be wrong - and someone smarter than me can correct me.  :)



MTC




Matthew T. Christensen

(208) 384-8588

mtc at angstman.com



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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Patrick J. Geile
Sent: Thursday, September 24, 2015 3:22 PM
To: Bankruptcy list <clbs at admws.idaho.gov>
Subject: [CLBS] Potential stay violation







Is it a stay violation for a creditor who repossessed a vehicle prior to filing bankruptcy, to maintain control over the vehicle and not return the vehicle?



Patrick J. Geile

Foley Freeman PLLC

953 S. Industry Way, Meridian, Idaho 83642 P.O. Box 10 Meridian, Idaho 83642 Direct line: (208) 947-1563

Phone:  (208) 888-9111

Fax:  (208) 888-5130



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