QUESTION
what if a company refuse to honor a court order issed by the bankruptcy court invoving a repo of car
Asked on Dec 04th, 2012 on Bankruptcy - Iowa
More details to this question:
I filed my own bankruptcy chapt 13. The day before going to the creditors meeting the auto company sent a repo man out to take my car. He went up in my mom's garage not my residence and took the vehicle damaging her garage. Police was called and they did nothing to stop him, he had no paper work identifying him as a repo man for this company. The court ordered the auto company to return the vehicle and they did not. They continue to call and harass me about the keys to the car. what should I do next should I contact the bankruptcy court, file a contempt if I file a contempt who do I file it with and with what order do I put the damages, punitive etc in.l They did not should up at the creditors meeting and have not responded the the courts order yet to return the vehicle.
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
Yes, you need to seek a contempt order and damages for violation of the automatic stay. You really need to hire an attorney to do all this as it is going to get very involved and the procedures for enforcing a contempt or other court order are going to depend in part on local practice in your area.
They are probably committing these blatant violations because you don't have an attorney.
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 Dec 05th, 2012 at 8:04 PM