How do I get my cars back at a turnover hearing? 6 Answers as of August 15, 2017

My fiancé filed a chapter 13 case and it was dismissed on 01/17/17 due to non-payment. He filed another chapter 13 case on 05/04/17 in which I thought we had 30 days of automatic stay. We have 2 cars and both our names are on them. His car was repossessed after filing on May 22, 2017. He filed 2 turnover motions along with a motion to impose automatic stay and he goes to court on Tuesday. What does he need to argue to get our cars back because the cars were bought from two different creditors at 2 different times? Both creditors say we don't need the cars for a successful bankruptcy. They also are saying his income was $1400 a month in the first case and $1000 in this case but his income decreased due to lack of hours because at the time it was the holidays and it was over time. Can you help tell us what to say in court to argue to get our cars back? We filed pro se and are very lost.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
The answer to your question is very much fact-driven, and there appear to be many facts. You really need to retain a skilled bankruptcy lawyer who can review the facts and identify the legal arguments in your favor. (It's almost always worth the investment.)
Answer Applies to: Wisconsin
Replied: 8/15/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
To keep the stay in a second case that was file within a year of the first one... you to file, served and have heard a motion to continue the stay beyond 30 days. I do not believe debtors should be in pro per in chapter 13 cases. There are too many things that can go wrong. At a minimum you have to show you can afford the cars and the catch up payments.
Answer Applies to: California
Replied: 8/15/2017
Ronald K. Nims LLC | Ronald K. Nims
The automatic stay is only good for 30 unless you file a motion to extend the stay and have a hearing before the 30 days expire. Since you've already missed the 30 day deadline, there is no stay to allow you to regain possession of the cars.
Answer Applies to: Ohio
Replied: 8/15/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
I would suggest you pay an attorney for two hours of their time to review your BK file and advise you accordingly. It's too hard to hazard a guess without looking at the files (just like it would be for a doctor to give a medical opinion without reviewing the medical files and taking a detailed medical history).
Answer Applies to: Colorado
Replied: 8/14/2017
OlsenDaines | Rex Daines
You need a good and experienced attorney. You are basically asking an engineer how to build a car on line and think you will be able to get some basic instructions and then be able to go build a car. The law is too complex to try to do this on your own.
Answer Applies to: Oregon
Replied: 8/14/2017
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