Tidewater Finance Company v. Moffett
United States Court of Appeals for the Fourth Circuit
356 F.3d 518 (2004)
After Moffett (plaintiff) defaulted on her car loan, Tidewater Finance (defendant), as assignee of the original lender's security interest, repossessed the vehicle; Moffett then filed for Chapter 13 bankruptcy reorganization, proposing a plan to cure her overdue payments and continue paying under the original schedule plus interest, and demanded Tidewater return the car under the Bankruptcy Code's turnover provisions since she retained a right to redeem the collateral as part of her bankruptcy estate. The bankruptcy court ordered Tidewater to return the car, finding its security interest adequately protected, and Tidewater appealed.
Whether, under bankruptcy law, a creditor may be required to turn over repossessed property to a debtor if the debtor retains an interest in the property as part of his or her bankruptcy estate.