[WSBAPT] Repossessed RV sold for a lot less than amount of loan - Bankruptcy consultation

Neli Espe, J.D. - Olympic Legal neli at olympiclegal.com
Thu Nov 16 07:57:47 PST 2017


Dear list-mates, 

I’m looking for someone practicing in the area of bankruptcy/debt collection to consult a longtime client of mine who wants to explore consequences of bankruptcy as compared to nonpayment of unsecured debt. 

PC bought a motor home from a dealer.  When payments became a hardship this spring, PC asked dealer to take the RV on consignment. Dealer made numerous promises to arrange for  the consignment throughout the summer but never did. Once the height of the selling season was over, PC could no longer make payments, so he voluntarily allowed the repossession. The RV was sold at auction for a lot less than the amount owed.

I’m exploring a consumer protection claim and a claim based on promissory estoppel against the dealer, but would appreciate any input if you have dealt with a similar issue.

In reviewing the credit application made to the dealer, I noted that PC had not signed it.  My initial research leads me to believe that this might not be a very fruitful path, but I wonder if anyone could point me to some good authority.

Best regards,

Neli
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Neli Espe, J.D.
Olympic Legal



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