On January 22, 2001, Marlene Moffett bought a used 1998 Honda Accord from Hendrick Honda in Woodbridge, Virginia. Moffett agreed to pay $20,024.25, with interest, in 60 monthly installments, and Hendrick retained a security interest in the car. (Hendrick thus had the right to repossess the car in the event of default, subject to Moffett’s right of redemption.) Hendrick assigned its rights under the sales agreement to Tidewater Finance Co., which perfected its security interest. The car was Moffett’s only means of traveling the 40 miles from her home to her workplace. In March and April 2002, Moffett missed two monthly payments. On April 25, Tidewater repossessed the car. On the same day, Moffett filed a Chapter 13 plan in a federal bankruptcy court. Moffett asked that the car be returned to her, in part under the Bankruptcy Code’s automatic-stay provision. Tidewater asked the court to terminate the automatic stay so that it could sell the car. How should the court rule? Explain. In re Moffett, 356 F.3d 518 (4th Cir. 2004).
Already registered? Login
Not Account? Sign up
Enter your email address to reset your password
Back to Login? Click here