J.G. Wentworth loaned John $6,000 to buy a used car, which he did. John eventually went bankrupt and filed a Chapter 13 petition. On the petition date, the car’s value was $6,000. John would like to retain possession of it during the bankruptcy proceedings. J.G. Wentworth does not want to risk the car depreciating and not being able to get all of its money back, though, so J.G. Wentworth asks the court to grant it relief from the stay so that it can seek a judgment against John and sell the car to fulfill its claim. What will the court decide?
1. The court will grant J.G. Wentworth relief from the stay because he has “cause” due to “lack of adequate protection.” If John continues to use the car it will depreciate and J.G. Wentworth will not be able to get his full claim.
2. The court will grant J.G. Wentworth relief from the stay because John has no equity in the car.
3. The court will grant J.G. Wentworth's motion if John has another vehicle he can use to get to work and make money to finance his Chapter 13 plan.
4. The court will deny J.G. Wentworth's motion because J.G. Wentworth is an unsecured creditor.