Reference no: EM133854505

Question

Read through the following hypothetical. Access the appropriate section of the Code. Prepare the appropriate motion to set aside the automatic stay for the following:

Our client, Mr. Bruizer, has just been notified that Mr.

Revsalot has filed pro se for protection under Chapter 13 of the Bankruptcy Code in the Western District of Texas. The case number is 01-10343-13.

Jurisdiction arises under 28 U.S.C. §1334.

Unfortunately, Mr. Bruizer sold Mr. Revsalot a 1958 Corvette and was preparing to repossess the car for failure to make payments and to maintain insurance coverage. Mr. Bruizer sold the car for $30,000.00 and is carrying a note at 10% interest. He has only received two $300.00 payments from Mr. Revsalot who is now six months in arrears. With the addition of the interest and late charges, Mr. Revsalot now owes Mr. Bruizer more than the car is worth. From the bankruptcy schedules we have acquired from the court, we can see that Mr. Revsalot is a postal worker who is also a hot-rod enthusiast. He owns several vintage racecars and assorted parts, as well as other vehicles. We must prepare a pleading requesting that our client be allowed to continue to pursue state remedies for repossession despite the bankruptcy. (For purposes of the Certificate of Service, we must only notify the Chapter 13 Trustee, the debtor, and the only other creditor in the case, the IRS).