Automatic Stay: § 362: RELIEF: Personal Property: Automobile

4001-1(c)-PP: Automatic Stay: § 362: RELIEF: Personal Property: Automobile

Under Bankruptcy Code section 362(a), the "automatic stay" applies at the moment a bankruptcy petition is filed. This offers protection from creditors who must file a "Relief from Stay" motion to ask the judge to terminate the stay to take action against the debtor or debtor's property outside of the bankruptcy court.

A party who wants to repossess a car or automobile, equipment, or other personal property, must use the Personal Property process in bankruptcy court.

This includes parties who have already started or completed the repossession.
This applies as long as the debtor still maintains possession of the automobile, equipment, or other personal property, if the automatic stay is still in effect.
Court forms are mandatory -- See links below

NOTE: The bankruptcy court does not complete the repossession process. The bankruptcy court simply adjudicates a party's motion for permission to follow the state's procedures for repossession of personal property.

Section:

Section 4 - Match Local Bankruptcy Rules with Forms

Section Number or LBR Number:

4001-1(c)-PP

Reference to Local Rules and/or Forms:

Notice of Motion and Motion for Relief From the Automatic Stay under 11 U.S.C. § 362 (with supporting declarations) (Personal Property)

Response to Motion Regarding The Automatic Stay And Declaration(s) in Support

Declaration of Debtor Re Postpetition Income and Expenses as of the Following Date:__

Order Granting Motion for Relief From the Automatic Stay Under 11 U.S.C. § 362 (Personal Property)

Order Denying Motion for Relief From the Automatic Stay Under 11 U.S.C. § 362

Rule 4001-1 through 4008-1