Collier in the Courts: In re Chastagner, 2013 Bankr. LEXIS 3240 (Aug. 8, 2013)

Collier in the Courts: In re Chastagner, 2013 Bankr. LEXIS 3240 (Aug. 8, 2013)

Collier on Bankruptcy was cited in this recent decision:

Collier on Bankruptcy section cited: 4 Collier on Bankruptcy ¶ 522.11 (accessible by lexis.com subscribers)

Lexis.com subscribers can view the enhanced version of In re Chastagner

LexisNexis Overview: ISSUE: Whether a debtor was entitled to avoid a creditor's lien against his truck pursuant to 11 U.S.C.S. § 522(f) [an annotated version of this statute is available to lexis.com subscribers]. HOLDINGS: [1]-Pursuant to the parties' pledge agreement, the nature and extent of the parties' rights in the truck were to be determined under Georgia law respecting pawn transactions; [2]-While the debtor filed his motion to avoid the lien before the redemption period expired, the filing of the motion did not toll the redemption period; [3]-Title to the truck was automatically forfeited to the creditor because the debtor failed to redeem within the time period provided in O.C.G.A. § 44-14-403(b)(3) [annotated version] and 11 U.S.C.S. § 108(b) [annotated version].

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