Chapter 13 and Impounded Vehicles 2017-03-23T12:16:18+00:00

Home Forums Vehicle Impounding and Liens Chapter 13 and Impounded Vehicles

Viewing 5 posts - 1 through 5 (of 5 total)
  • Author
    Posts
  • Amy Kennett
    Participant
    Post count: 2
    #2056 |

    We have 2006 Chrysler Pacifica in our possession. We picked it up 02/05/2017 by the order of the Cleveland Police Department because whomever was driving the vehicle was arrested. The owner of the vehicle came in a day or two later to find out the charges. He then stated that he didn’t get paid until <span class=”aBn” tabindex=”0″ data-term=”goog_2022868561″><span class=”aQJ”>Thursday</span></span> and would be in to pick it up. Long story short, he never came in to get the vehicle. We sent out the certified letters to him and his lienholder. The lienholder received theirs but never called or came to pick it up. His letter was returned not deliverable, unable to forward. He did remove some items from his car. Later he called and wanted to get the stereo and speaker, we told him if it was attached, he could not get them. His girlfriend who is not on the paperwork came in today and said that the car was involved in a bankruptcy, called her attorney who sent us via fax a copy of the chapter 13. Apparently, he filed a chapter 13 back in October of 2016. How does this affect us?

    Nick Porto
    Moderator
    Post count: 9

    Good question Amy.  Our March 13, 2017 blog addressed this topic.  Does this help?

    Understanding Bankruptcy Issues on Towed Vehicles

    Are you still in possession of the vehicle?

    Amy Kennett
    Participant
    Post count: 2

    We read the article. It still does not answer the question. The customer filed chapter 13 four months before they were arrested by the police department. The police department called us to tow it. We had nothing to do with the bankruptcy, we did not extend them credit. Does our lien super-cede the bankruptcy situation. It seems asinine that we would have to turn the car over for free. The car is nothing special, we wouldn’t make anything off of it. (No dreams of becoming rich!) It’s the principle of it!

    Nick Porto
    Moderator
    Post count: 9

    Amy: it sounds like you might have to proceed with an unsecured claim in the bankruptcy court, which doesn’t mean necessarily that you won’t get paid. It just means you can’t hold the vehicle as security to ensure payment.  I would recommend you contact Mr. McGovern who is located in your neck of woods for further assistance.  Best of luck, Nick

    Michael McGovern
    Moderator
    Post count: 4

    Amy,  feel free to call me.  You know my number.

    Michael McGovern

Viewing 5 posts - 1 through 5 (of 5 total)

You must be logged in to reply to this topic.