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

[Mike Winslow]

Neli, 
Woody Bebout, in Mount Vernon, would be a good person to begin with for consultation on the BK issues.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Neli Espe, J.D. - Olympic Legal
Sent: Thursday, November 16, 2017 7:58 AM
To: WSBA Probate & Trust Listserv; Solo and Small Practice Section
Subject: [WSBAPT] Repossessed RV sold for a lot less than amount of loan - Bankruptcy consultation

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
_______________
Neli Espe, J.D.
Olympic Legal

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