Pamela Conley

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Memorandum
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 09-46720 EDJ
PAMELA CONLEY, 	Chapter 7
Debtor./
MEMORANDUM: MOTION FOR RECOVERY OF VEHICLE
On October 5, 2009, Pamela Conely, the above-named debtor,
(“Debtor”) filed a motion alleging that Travis Credit Union
(“Creditor”) improperly took possession of her property, a 2000
Mercedes Benz (the “Collateral”), in violation of the automatic stay
of Bankruptcy Code § 362. 	A hearing was held November 19, 2009 at
the court’s request. 	John Mendonza appeared on behalf of Creditor.
The Debtor appeared on her own behalf.
The court holds that the automatic stay of Bankruptcy Code
§ 362 was not in effect at the time Creditor took possession of the
Collateral.
Because the debtor filed a Statement of Intention indicating
that the debt secured by the Collateral “will be reaffirmed pursuant
Signed: November 23, 2009

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
November 24, 2009
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 09-46720 Doc# 20 Filed: 11/23/09 Entered: 11/24/09 18:29:48 Page 1 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1 This contention is belied by her assertions at the
November 29, 2009 hearing that she would “love to” reaffirm the
obligation.
2	Memorandum
to 11 U.S.C. § 524(c)” (see page 38 of debtor’s petition, docket
#1), the Debtor had thirty days following the first date set for the
meeting of creditors to perform under the Statement of Intention, or
the automatic stay of § 362 would terminate with respect to the
Collateral. 	See § 521(a)(2)(B). 	In this case, the first date set
for the meeting of creditors was August 18, 2009, giving the Debtor
through September 17, 2009 to perform under the Statement of
Intention. 	However, no reaffirmation agreement respecting the
Collateral has been filed. 	Because the debtor did not perform her
intention with respect to the collateral, the stay lifted by
operation of law on September 18, 2009. 	According to Debtor’s
moving papers, Creditor took possession of the Collateral on
September 22, 2009. 	The court holds under § 521(a)(2)(B) that no
stay was in effect to prevent Creditor from taking possession of the
Collateral when it did so.
The Debtor urges that the Statement of Intention filed with her
petition was not authorized by her. 1 	Unfortunately for the Debtor,
even if this court were to find that the Statement of Intention is
not valid, the stay would still not have been in effect at the time
Creditor took possession of the Collateral. 	Bankruptcy Code §
362(h)(1) states that the stay is terminated with respect to
personal property of the estate if the debtor fails to file a
Statement of Intention and, if retaining the property, to enter into
Case: 09-46720 Doc# 20 Filed: 11/23/09 Entered: 11/24/09 18:29:48 Page 2 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3	Memorandum
a reaffirmation agreement within the time set by § 521(a)(2). 	In
other words, regardless of whether or not Debtor indicated an intent
to reaffirm the obligation secured by the Collateral in her
Statement of Intent, she nevertheless was required to reaffirm the
obligation by September 18, 2009 if she wished to retain the
Collateral. 	Because the Debtor did not do so, the stay lifted by
operation of law, and did not prevent Creditor from taking
possession of the Collateral. 	The court holds under § 362(h)(1)
that no stay was in effect to prevent Creditor from taking
possession of the Collateral when it did so.
END OF ORDER
Case: 09-46720 Doc# 20 Filed: 11/23/09 Entered: 11/24/09 18:29:48 Page 3 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
4	Memorandum
COURT SERVICE LIST
Pamela Conley
139 Farraget St.
Hercules, CA 94547
John Mendonza
Moore, Brewer, Jones, Tyler & North
5870 Stoneridge Mall Road, Suite 206
Pleasanton, CA 94588
Lois I. Brady
P.O. Box 12754
Oakland, CA 94604
Office of the U.S. Trustee
1301 Clay St. #690N
Oakland, CA 94612
Case: 09-46720 Doc# 20 Filed: 11/23/09 Entered: 11/24/09 18:29:48 Page 4 of 4