Chapter 13 Debtor Could Recover Automobile that was Repossessed Pre-petition Since She had Equitable Interest in Vehicle on Date of Filing

Chapter 13 Debtor Could Recover Automobile that was Repossessed Pre-petition Since She had Equitable Interest in Vehicle on Date of Filing

This court has been asked to decide a dispute between a debtor seeking return of a vehicle that she needs to drive to work and her personal property from inside the vehicle, and the creditor that repossessed it prepetition and refused to return it because it believed that the debtor had surrendered it. The debtor seeks turnover of the vehicle under 11 U.S.C. § 542(a) and damages for violation of the automatic stay under 11 U.S.C. § 362(a)(3).

 

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