Bank Repossesses Sports Car, Loses It, Gets It Back for Good
Haynsworth Sinkler Boyd retrieves car, with interest
We represented a local bank in a state court litigation involving a customer who sued the bank for conversion, abuse of process, defamation and malicious prosecution.
The bank had repossessed the customer’s antique sports car after he stopped paying on a loan for the sports car.
But the customer broke into the garage where the car was stored and drove it away.
In the state court action, we asserted claims for recovery of unpaid loans and to recover the vehicle. We moved for summary judgment as to the plaintiff’s claims against the bank and for summary judgment on the bank’s counterclaims against him.
We based our motions on the fact that the customer had filed a voluntary petition for Chapter 13 bankruptcy. In that filing, he was required to list his claims against the bank as an asset.
However, he failed to list them. This omission barred him from pursuing claims against the bank in the state court action.
The state court granted our motions for summary judgment and dismissed the complaint against the bank.
The court also awarded the claim possession of the vehicle, and entered judgment against the plaintiff in the amounts due and owing on his loans with the bank.