On June 15, 2000, the Court dismissed Debtors’ first Chapter 13 Case because
Debtors failed to timely file certifications that their Chapter 13 plan could be confirmed.1
Upon receiving notice of the dismissal on the afternoon of June 20, Debtors drove the
vehicle to their attorney’s office to prepare to file a second Chapter 13 petition. Paxon
received notice of the dismissal of Debtors’ first Chapter 13 case on the morning of June
At approximately 4 p.m. on June 20, 2000 Paxon lawfully repossessed the vehicle
from Debtors’ attorney’s parking lot and delivered it to the Jacksonville Auto Auction
within minutes thereafter, without recourse and without reservation. Debtors
subsequently filed their second Chapter 13 petition.2
Debtors assert that within ten minutes of Debtors’ second filing, Debtors’
attorney’s secretary, Ms. Angell, called Paxon and told Mr. Barrows that Debtors had
filed bankruptcy again. At approximately 5:20 p.m. on June 20, 2000, Ms. Angell
personally delivered a copy of Debtors’ second filing to Paxon. Mr. Barrows told Ms.
Angell that Jacksonville Auto Auctions had already sold the vehicle.
Debtors contend that the vehicle had not been sold pre-petition as the auto auction
did not begin until 6:00 p.m. on June 20, 2000, some 45 minutes after Ms. Angell
personally notified Mr. Barrows that Debtors filed their second petition. Paxon contends
that the vehicle was completely disposed of upon delivery to Jacksonville Auto Auctions
sometime before the second filing.3
1 The General Order of August 1, 1990, as amended March 8, 1991, requires that a Chapter 13 debtor file such certifications within 160 days of filing a petition.
2 Debtors failed to present any evidence at trial to contradict Paxon’s assertion that the vehicle was delivered to the auctioneer before Debtors filed the second petition.
3 Debtors failed to present any evidence to contradict Paxon’s assertions as to the timing of the handover to the auctioneer or as to the effect of that assignment. The Debtors bore the burden of proof on this issue.