get vehicle back Archives - Chicago Bankruptcy Lawyer LEEDERS LAW Tue, 21 Nov 2023 21:06:28 +0000 en-US hourly 1 https://wordpress.org/?v=6.9 https://leederslaw.com/wp-content/uploads/2022/03/cropped-cropped-cropped-Leeders-Law-Logo-e1677182027648-1-32x32.png get vehicle back Archives - Chicago Bankruptcy Lawyer 32 32 Can I file chapter 13 to get back my car that the City of Chicago impounded? https://leederslaw.com/can-file-chapter-13-get-back-car-city-chicago-impounded Mon, 09 Apr 2018 16:15:30 +0000 https://leederslaw.com/?p=633 Can a chapter 13 debtor in Chicago get back their vehicle immediately while paying the parking tickets and impound costs through a chapter 13 bankruptcy plan?    The City has been fighting this as of late, and there is a …

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]]> Can a chapter 13 debtor in Chicago get back their vehicle immediately while paying the parking tickets and impound costs through a chapter 13 bankruptcy plan?    The City has been fighting this as of late, and there is a split of authority on the matter, some holding that the owners were still entitled to repossession, while others held they were not.

Case law history:

Thompson v. General Motors Acceptance Corp., 566 F.3d 699 (7th Cir. 2009), the Seventh Circuit held that if the city holds a vehicle in impound, that is an exercise of control which violates the automatic stay under Section 362(a)(3).

 In re Avila, 566 B.R. 558 (Bankr. N.D. Ill. 2017) Judge Cassling held that a possessory lien on a vehicle falls within the exception to the automatic stay under Section 362(b)(3) allowing the city to maintain possession and essentially securing the debt owed to the city to the vehicle, allowing for the city to be paid as a secured claim.

In re Walker, 17-33957 (Bankr. N.D. Ill. Dec. 20, 2017) Judge Schmetterer said the city must return impounded cars, but their lien remains and they would be allowed to file an emergency motion to modify the automatic stay and /or request adequate protection.

Other jurisdictions remain split, so hopefully the US Supreme Court will choose a case and weigh in as well.   Time will tell.

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]]> Q is for Quick Bankruptcy Filing https://leederslaw.com/q-is-for-quick-bankruptcy-filing Fri, 26 Apr 2013 14:35:00 +0000 http://leederslaw.com/q-is-for-quick-bankruptcy-filing Bankruptcy cases are filed electronically.Our office has the capability to file cases quickly for those emergency cases, like to stop an imminent foreclosure sale, or to get a car back that was recently repossessed. This is done utilizing Chapter 13 …

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]]> Bankruptcy cases are filed electronically.
Our office has the capability to file cases quickly for those emergency cases, like to stop an imminent foreclosure sale, or to get a car back that was recently repossessed. This is done utilizing Chapter 13 bankruptcy.  We just need a few pieces of information, you will need to take your credit counseling class, and we are set.  We’ll pull your credit reports.   Contact us today if you need a quick bankruptcy filing!  Our website at www.leederslaw.com  has more information.  Let us help you get a fresh start!

Free Bankruptcy Evaluation -Leeders Law

Free Bankruptcy Evaluation -Leeders Law

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What type of debts do you have?

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