Rockville, MD asked in Bankruptcy for Maryland

Q: How long does a creditor have to pickup PMSI items that are surrendered on the statement int. post Chapter 7 in Maryland

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1 Lawyer Answer
Lawrence F. Regan
Lawrence F. Regan
  • Bankruptcy Lawyer
  • Silver Spring, MD
  • Licensed in Maryland

A: Do you mean post Chapter 7 filing or post Chapter 7 discharge and case closed. While the Chapter 7 is open, you need to file a motion and obtain relief from the automatic stay before acting. The property is property of the bankruptcy estate and although the debtor has custody, it is the trustee who may have rights in the property. In most cases only when the case closes is the property abandoned back to the debtor and available to the creditor. However, you may file a motion to compel the trustee to administer or abandon the property with the trustee may consent informally and give notice of intent to abandon. Once a formal abandonment has been accomplished, you're free to proceed.

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