You are here

In re Kahniyah Corder

21 B 10189
Creditor Future Finance, which held a nonpossessory secured claim against the Debtor’s car, repossessed that car prepetition.  After Debtor filed for relief under chapter 13, she demanded that Future Finance return the car.  When it did not, Debtor filed a motion for turnover.  Future Finance then filed a motion for relief from stay.  HELD: 11 U.S.C. § 542 requires Future Finance to turn over the car.  Based on the Debtor’s allegations, the car provides a means for her to earn a living, transport her children and fund a plan.  Therefore, it is not of inconsequential value and benefit to the estate, and turnover is mandatory.  Debtor’s request for sanctions is denied under the particular circumstances of this case, including expedited actions by the parties and substantive challenges to turnover.  Since Debtor seeks to use the car, she must provide adequate protection to Future Finance.  Debtor’s proposed payments of $200 per month and proof of a full coverage insurance policy provide Future Finance with adequate protection of its interest.  Future Finance’s request to lift the automatic stay is denied.  Cause does not exist to modify the stay.  Alternatively, while Debtor did not dispute that she lacks equity in the car, she showed that it is necessary for an effective reorganization.

File: 
Date: 
Wednesday, September 15, 2021