Expert: Mark J. Markus- California Bankruptcy Attorney - 6/30/2009

Question
I have two dogs I placed at a Vet for Board and care a year ago after my wife and I lost our home. I have made payment but still have run behind. When I asked to remove the dogs they refused to let me have them until I was able to pay off the bill. I have been able to keep up the payments but have not been able to pay down the balance. Now they insisting I pay them and pick up the dogs. If I declare BK in California and list the lien can I get my dogs back and keep them claiming I have abandoned them so they can seize them! The dogs are worth practically nothing other than as pets.

Answer
I'm not sure they actually have a lien, but I suppose it's possible.  Filing bankruptcy alone should take care of it and require them to release the animals, but if they do actually have a security interest in them, you can do what they call a Motion for Redemption under 11 U.S.C. 722 and pay them a lump sum fair market value for the pets (don't ask me how to value them).  You could theoretically do it for like $10 and I bet the court would approve it.