Jahr v. Frank (In re Jahr), No. EW-11-1538-MkHJu, 2012 WL 3205417, at *4 (B.A.P. 9th Cir. Aug. 1, 2012) (Markell, Hollowell, Jury)

Question whether retention of repossessed property violated automatic stay turned on whether debtors had interest in car under state law; Bankruptcy Rule 7001 was implicated, and debtors’ contempt motion should have been brought as an adversary proceeding. Car seller/lender disputed whether title transferred to debtors before the petition. Seller repossessed before the petition then refused to return car after petition. Debtors brought motion for contempt, and seller defended that debtors never had an interest in the car. BAP dismissed contempt motion without prejudice to the debtors’ commencing an adversary proceeding seeking the same relief or alternatively seeking relief under § 362(k). “[I]t is error for a bankruptcy court to determine property interests outside of an adversary proceeding.”

No Author Biography has been linked to this Article.

Related Articles

February 28, 2021
By Cathy Moran, Esq. (Redwood City, CA) When BAPCA gutted the ipso facto clause, reaffirmation was left as the only way a debtor could be assured of retaining his wheels. Car lenders took sides back then, then changed sides, on whether they would automatically repossess a vehicle when the debt was not reaffirmed. Some wanted the in terrorem effect of...
Members
June 27, 2021
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019) Case Summary Ronald Kane filed...
Members
Cohen
October 1, 2023
In conjunction with The Academy’s recent webinar on Student Loans, Scott and Josh offer a follow-up check list – a MUST READ! “With all the new student loan servicing changes, what should debtor attorneys be doing as to pending chapter 13 cases where their clients owe federal student loans? Here’s the short list:”
Members
October 11, 2020
By Mary Viegelahn, Chapter 13 Trustee San Antonio, Texas Although Trustee Viegelahn first produced this list for an ethics panel in 2019, it is a timely heads-up now. This list was gathered from Trustees across the country. Providing ECF credentials to an outside “firm” to allow them to file a bankruptcy for a debtor the attorney has never met or...
Members
October 4, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART IV – INTRODUCTION TO CONSUMER FORECLOSURE PROCEDURES 2020 portends a flood of bankruptcy filings. In the consumer bankruptcies, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at topics involving the interplay of...
Members
January 19, 2020
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) Chapter 7 debtor may successfully discharge student loan obligations by satisfying the basic holding of Brunner v. N.Y. State Higher Education Servs. Corp. rather than satisfying the judicial gloss added by subsequent decisions. Rosenberg v. N.Y. State Higher Education Servs. Corp., 2020 WL 130302...
Members
districtsc
May 28, 2023
Retirement of Judge David Robert Duncan
Academy Circle Logo Final
September 25, 2022
Dear Danny, We know that you would not want a tribute – it’s simply not who you are. But we couldn’t let this moment pass without acknowledging how admired and respected you are. We will all miss you and are better for having known you. You are a stellar example of what all humanity should strive to be. As a...
November 15, 2020
By David Cox,1 Cox Law Group, PLLC (Lynchburg, VA) Click here for Part 1 II. Dealing With Balloon, Short Term and Related Mortgage Secured Claims Under §§ 1322(c)(2) And 1325(a)(5). § 1322(c)(2) provides that: “Notwithstanding subsection (b)(2) and applicable nonbankruptcy law . . . It looks like you are not signed in or registered! This content is only available to...
Members
October 13, 2019
IRS officials announced on 10/8/19 that a new payment option has been added to the private debt collection program to make it easier for those who owe to pay their tax debts. Taxpayers now can choose the convenient option of a preauthorized direct debit to make one payment or a series of payments toward their federal tax debt. With direct...
Members