In re Johnson
United States Bankruptcy Court for the Middle District of Florida
328 B.R. 234 (2005)
- Written by Douglas Halasz, JD
Facts
Judy Johnson (debtor) owned two vehicles subject to a security interest held by GTE Federal Credit Union (GTE) (creditor). Johnson filed for Chapter 13 bankruptcy in February 2005 before GTE could repossess the vehicles. The bankruptcy court dismissed the case in March 2005. GTE subsequently repossessed both vehicles before the bankruptcy case was ultimately reinstated in April 2005, which reimposed the automatic stay. Thereafter, GTE moved for relief from the automatic stay as to both vehicles. When the bankruptcy trustee responded to GTE’s motion, GTE had not yet been provided for in the Chapter 13 plan. The response further indicated that Johnson was behind on the payments to the bankruptcy trustee. GTE’s claims were eventually included in the Chapter 13 plan. Johnson moved for an order directing GTE to surrender possession of the vehicles on the grounds that the vehicles were the bankruptcy estate’s property and were necessary for the reorganization. In the Chapter 13 plan, Johnson offered to make monthly payments to pay off the vehicles but did not offer to pay a lump sum.
Rule of Law
Issue
Holding and Reasoning (Briskman, J.)
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