Experience Visit http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint). The Markus webpage also contains more information on
Education/Credentials J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here
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.