Automatic Stay
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On January 22, 2001, Marlene Moffett bought a used 1998 Honda Accord from Hendricks Honda in Woodbridge, Virginia. Moffett agreed to pay $20,024.25, with interest, in sixty monthly installments, and Hendricks retained a security interest in the car. Hendricks thus had the right to repossess the car in the event of default, subject to Moffett's right of redemption. Hendrick assigned its rights under the sales agreement to Tidewater Finance Co., which perfected its security interest. The car was Moffett's only means of traveling the forty miles from her home to her workplace. In March and April 2002, Moffett missed two monthly payments. On April 25, Tidewater repossessed the car. On the same day, Moffett filed a Chapter 13 plan in a federal bankruptcy court. Moffett asked that the car be returned to her, in part under the Bankruptcy Code's automatic stay provision. Tidewater asked the court to terminate the automatic stay so that it could sell the car. How can the interests of both the debtor and the creditor be fully protected in this case? What should the court rule? Explain.
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Automatic Stay is discussed very comprehensively in this explanation.
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The interest of both the creditor and debtor is protected because Marlene Moffett has initiated Chapter 13 proceedings in a Federal court.
1. The bankruptcy court's automatic stay provisions apply because on the very day her car was repossessed ...
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