The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
Critical Case Comment – Stay Violation: Repossession No, Sale Yes
Print This Article
Link to Post:
Although the retention of collateral validly repossessed prior to the filing of the petition does not violate the stay, the sale of that property does violate the stay and the sale is void. (Bonapfel) In re Rakestraw, 2022 WL 4085881 (Bankr. N.D. Ga. Sept. 6, 2022)
Case Summary
Ms. Rakestraw filed Chapter 13 on August 12, 2022, listing her ownership of a 2008 Toyota Sequoia which was subject to a lien held by AtWill Finance. Prior to her filing of the Chapter 13, AtWill had repossessed the vehicle.
Ms. Rakestraw . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Henry E. Hildebrand, III
Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Henry E. Hildebrand, III has served as Standing Trustee for Chapter 13 matters in the Middle District of Tennessee since 1982 and as Standing Chapter 12 Trustee for that district since 1986. He also is of counsel to the Nashville law firm of Belcher Sykes Harrington, PLLC. Mr. Hildebrand graduated from Vanderbilt University and received his J.D. from the National Law Center of George Washington University. He is a fellow of the American College of Bankruptcy and the Nashville Bar Foundation. He is Board Certified in consumer bankruptcy law by the American Board of Certification and serves on its faculty committee. He is Chairman of the Legislative and Legal Affairs Committee for the National Association of Chapter 13 Trustees (NACTT). He is on the Board of Directors for the NACTT Academy for Consumer Bankruptcy Education, Inc. and is an adjunct faculty member for the Nashville School of Law and St. Johns University School of Law. In addition, he served as a commissioner to the American Bankruptcy Institute’s Commission on Consumer Bankruptcy.
Related Articles
What Constitutes Property of the Estate in Chapter 13, and What are the Consequences of Failing to Amend the Schedules?
From the Editor – Debtor’s Attorney
Use All Channels to Educate Bankruptcy Debtors
2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 7 Selected Decisions Under Parts I and II of the Federal Rules of Bankruptcy Procedure
Critical Case Comment – Prime vs. Riskless Treasury Rate
Trustee Cannot Require Debtor to Treat Nondischargeable Student Loan Debts in a Separate Class
Leaders Must Take Action to Halt Foreclosure Crisis for Minorities
How My Law Firm Learned to Stop Leaving Money on the Table Part 1 – Looking at Bankruptcy Cases Differently
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9
Honoring Jan Sensenich