In our blog we will try and give updates on the law and cases throughout New Hampshire, as well as interesting events that occur throughout the country.
The simple answer to this is...replevin. It's one of those odd words that isn't really known outside of attorneys. A writ of replevin is a state court remedy that allows a creditor to recover unlawfully held goods. In the case of bankruptcy, a debtor who neither reaffirms the debt nor surrenders the property is unlawfully holding the property. Thus, the creditor must obtain judgment in state court and have the court issue a writ of replevin. The writ must be served by a sheriff upon the debtor. The debtor then must surrender the property or by in contempt of a court order.