Chapter 13 Bankruptcy posessionary lien on vehicle.

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Chapter 13 Bankruptcy posessionary lien on vehicle.

Anonymous Oct 1, 2014 Business 8 views 4 answers

Filed for chapter 13 bankruptcy with my attorney. Part of the debt I owe to is to a mechanics shop that put a lien on my car because I did not pay what they wanted. They tripled charge me for what I agreed upon. After filing for bankruptcy, I sent them notice of the bankruptcy filing and they still refused to hand over the car citing some exception in the bankruptcy law that would allow them to hold onto my car. Is this legal? What kind of recourse can my lawyer and I have to retrieve the car back? It is my belief that under the bankruptcy court the mechanic will get paid as part of the collectors. This guy is not willing to budge at all.

William Popovich · Accepted Answer · 2026-06-15T12:17:31+00:00

How many times can one person say "I have a lawyer" on a site where we are not permitted to interfere with your arrangement with your lawyer?

Derek Caldwell · Accepted Answer · 2026-06-15T12:17:31+00:00

This is something for which your attorney represents you. It is against most state's ethics rules for a lawyer to give another lawyer's client advice on the subject matter for which the lawyer represents that client. Ask your lawyer this question.

Dorothy Bunce · Accepted Answer · 2026-06-15T12:17:31+00:00

If your lawyer isn't up to this task, there are plenty of other bankruptcy lawyers in Portland that are. Maybe s/he should co-counsel with one of them. Hope this perspective helps!

E Lhommedieu · Accepted Answer · 2026-06-15T12:17:31+00:00

I'm not sure why folks are concerned about discussing anissue in general. We could all say this: chapter 13 offers many ways to advance your position. Filing motions (such a motion for turnover of property), filing contempt (if they don't turn it over), including provisions in the plan that account for the possessory lien while requiring turnover... there are a million ways to handle the situation..,. the key is to be bold, firm, a sure about the law when you file stuff with the court.

Chapter 13 Bankruptcy posessionary lien on vehicle.

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