[CLBS] Potential stay violation

[D. Blair Clark]

No.  If the repo sale hasn't occurred yet, then it's still property of the
debtor until then.  There are cases in our court where this question came
up--they're not that new--but all held that retention of possession
post-petition is a stay violation except one where the holding of the
vehicle was by a repair shop and it was asserting its possessory repairman's
lien allowed by statute.  In re Wyatt, 94-01665, 94 IBCR 186.  

D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
1513 Tyrell Lane, Suite 130
Boise, ID 83706
Telephone:    (208) 475-2050
Fax:               (208) 475-2055



-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Matthew T.
Christensen
Sent: Thursday, September 24, 2015 4:14 PM
To: Patrick J. Geile; clbs at admws.idaho.gov
Subject: Re: [CLBS] Potential stay violation

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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