Repossession Law Blog

Is filing bankruptcy an event of default which could lead to a car repossession?

January 7, 2023

If you purchased your car (not if you leased it), and California law applies, the answer now is no. Simply filing for bankruptcy or being a debtor in bankruptcy can no longer be deemed an event of default under a purchase contract or car loan. The California Legislature has added provisions to California Civil Code…

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Take Action for Tax Fairness: Ask Your Senator to Co-Sponsor the End Double Taxation of Successful Consumer Claims Act

March 18, 2021

Sen. Catherine Cortez Masto (D-Nev.) has re-introduced the End Double Taxation of Successful Consumer Claims Act (EDTSCCA), S. 766. If passed, this bill would allow consumers who win their cases to deduct the reimbursed legal expenses awarded to them. The existing tax system, which can make consumers pay taxes on reimbursed fees that they never…

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The Coronavirus Pandemic: Car Payments and Repossessions

April 1, 2020

The national emergency resulting from the Coronavirus (COVID-19) pandemic has made it hard for many consumers to make their monthly car payments and it seems has resulted in increased repossessions. Law Offices of Brandon A. Block has remained, and will continue to remain, open and available to all consumers during the Coronavirus pandemic (though working…

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Do Car Repossessions Violate Stay-At-Home Orders?

March 25, 2020

It seems the answer is, “It may, but it’s unclear.” Looking just at the text of California’s stay-at-home orders, they appear to have precluded repossessions while in effect. By not specifically exempting workers in the collection or collateral recovery aspects of the financial sector as “essential”, the California stay-at-home orders arguably were meant to cease…

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