QUESTION

how do I file an injuction against a creditor. I filed chapter 7 and notified them an they repoed car same day, I was onlhy 14 days late

Asked on Nov 12th, 2012 on Bankruptcy - Delaware
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Bankruptcy Attorney serving Burbank, CA
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If you already filed a bankruptcy case, you don't need to file an injunction.  An injunction is created automatically upon the filing of a bankruptcy petition pursuant to 11 U.S.C. 362.  This is known as the "automatic stay" which prohibits creditors from taking any actions to collect on debts or property of the bankruptcy estate unless the bankruptcy court first authorizes it. If they repossessed the car after your bankruptcy case was filed, you need to make a demand that they return it.  If they don't, then you need to file a Motion for Turnover of the property and a Motion for Damages for Violation of the Automatic Stay. If for some reason you don't have any attorney, you're seeing now one of the multitude of reasons why one is needed.  I suggest hiring an attorney to protect your rights. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Nov 13th, 2012 at 1:57 AM

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