Creditors Who Repossess Vehicles Post-Petition May Be Violating The Automatic Stay

Written February 24, 2008 by Jay Fleischman, New York Bankruptcy Lawyer

Digital Federal Credit Union, in the case of In re Evans, 2008 WL 427259 (Bankr.E.D.N.C. 2008), repossessed the debtor’s vehicle seven months after the case had been filed. The debtor’s lawyer called to get the vehicle returned and was told that it would be done by the end of the day. In spite of repeated phone calls to Digital, the vehicle was not returned for a full month.

So what did the lawyer do? He did the right thing - he filed a motion for sanctions against Digital for violating the automatic stay.

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Fortunoff Files For Bankruptcy, To Be Sold To Lord & Taylor

Written February 4, 2008 by Jay Fleischman, New York Bankruptcy Lawyer

I don’t usually post about big corporate bankruptcy cases, but this one hit home. Fortunoff, a major Long Island-based retailer, said today it has filed for bankruptcy protection and agreed to be acquired for $100 million by the owners of Lord & Taylor. This is the second change in ownership for the Westbury-based home furnishing and jewelry chain in the past two years.

This seems to indicate that Fortunoff is somehow on the downward spiral, having failed to net the last owner enough profit to keep things going.

One step closer to liquidation of another local retailer? I’m no seer, but this doesn’t look good at all.

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Phone Calls And Letters After Bankruptcy

Once you file for bankruptcy, the rule is simple - creditors are not allowed to call, write, or sue you. No collection efforts are permitted once your bankruptcy is filed with the court. It’s that simple.

Why do creditors and debt collectors still try to get money from you after bankruptcy? Learn more . . .

Credit Reporting Errors After Bankruptcy

It’s hard enough to worry about re-building your good credit after bankruptcy without having to worry about old accounts still showing up as past due. Once you discharge a debt in bankruptcy, the only thing that can be shown is that the debt has a $0 balance and has been discharged. So why do creditors keep showing discharged debts as past due? Learn More . . .

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