In re Rozier (02-41915)

Answering the question whether a debtor’s car that had been repossessed just prior to the debtor filing Chapter 13 bankruptcy was property of the bankruptcy estate, the court analyzed a new 11th Circuit Court of Appeals case, Bell-Tel Federal Credit Union v. Kalter (In re Kalter), 292 F.3d 1350 (11th Cir 2002), regarding Florida law. Upon reconsidering its opinion in American Honda Finance Corp. v. Littleton (In re Littleton), 220 B.R. 710 (Bankr. M.D. Ga. 1998), the court held that Georgia case law provides direction on this issue. Thus, In re Kalter is not controlling as applied to Georgia law and the repossessed car is property of the bankruptcy estate.

Sunday, September 1, 2002