Chapter 13 / motion for relief

[Edocil]

So I'll keep this short as I can. One of my creditors the car that I want to keep never filed a claim lawyers messed up timings or whatever, they file for motion of relief my lawyer objects they set a hearing well about after week of the hearing I get a letter saying they granted them relief for nit filing a timely objection weird because she filed it the day after the motion. I call the lawyer she says the judge made the decisions without the hearing or telling the lawyers and that she is working on it but gave little to no info. So my question is what options do I have left now to keep this car . Never thought I would have to fight so hard to get someone paid

[Edocil]

Also according to lawyer they where working on a deal with the creditor

[justbroke]

While the creditor will take the car back, the creditor doesn't want the car back. In the bankruptcy context they literally call that "eating steel." The bank does not want to do that at all and would rather be protected in the bankruptcy. When the car was not listed on the Plan and there was no claim that meant the creditor would not get paid. They want to be paid and I'm sure your attorney will work something out with them.

I assume that your plan is already confirmed and the creditor's claim wasn't included. I don't see why the court wouldn't grant a motion for relief from stay (RFS) when the plan doesn't provide for them. In fact, the plan usually has language that upon confirmation, relief is granted for all creditors not covered by the plan.

If there is no claim, then the creditor messed up. If your attorney didn't notice that there is no claim and didn't put the car in the plan, then they missed that. The two should be able to work it out and then work with the Chapter 13 Trustee to get get it into the plan (modify the confirmed plan) and get the creditor paid.

[Edocil]

I had included them in the original plan yes . Just really stressed now because 8 need this car for work in fact the trusteee has like 3k in reserve for the auto , it's weird that even though we objected the judge granted them releif

[justbroke]

If it's not in the confirmed plan--emphasis on confirmed--and the trustee is not paying them, then they are entitled to relief from the automatic stay. I'm sure your attorney will work it out especially if the trustee has the funds. If the plan is confirmed, then they'll just do a motion to modify and get the creditor in the system to be paid.

[Edocil]

Yeah they did not timely file a claim refer to my previous post for more Info on that and