Debtor files Oklahoma chapter 7 bankruptcy last week. Today Credit Union repossess debtor’s truck. I called Credit Union and told them what happened. CU asked me what the debtor’s intention was with the truck. I said, “other than to get it back right now, I am not sure yet, we have not filed the statement of intention yet. It’s due next week, I’ll know by then.” Oklahoma City bankruptcy lawyer CU said I would have to talk to their attorney then, they would not authorize release of the truck. I called the bankruptcy attorney in OKC and he’s not available. I called CU back and said the debtor’s intend to reaffirm. CU said, ok, fine we’ll send out a reaffirmation agreement and authorize the release of the truck. They gave me the number of the repo company and said call in 10 minutes and they’ll get the truck back to you. That’s the part that bugs me. I think that alone is another stay violation. It seems to me that if I had not said they debtor intends to reaffirm, CU would not have given back the truck.
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