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Lender Trying to get relief from stay to sale vehilce they don't have

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    Lender Trying to get relief from stay to sale vehilce they don't have

    I got some kind of dilemma here. I filed chapter 13 bankruptcy back the first part of April after my vehilce had been repoed. After the filing of the petiion I contacted the lender let the lender know I had filed for Chapter 13. The lender then returned the vehilce to me. I just found out today that the lender is requesting for relief from the stay. The motion for the relief states that the lender has the vehilce in its possesion. I contacted the lender to question them as to why they had ask for the relief. The lender told me that they had requested for the relief because in my state once the vehilce is repoed they don't have to return it and that they can request the full balance due to be paid. I omitted to telll the lender I had the vehilce in my possession. I don't have to many days to file an answer to the motion. I am just confused to why the lender believes it has the vehilce in its possession when the lender released the vehilce to me. I just need some answers on what I should do. And what needs to be in the details of my answer when I file it. I appreciate any advice.

    #2
    Originally posted by jayalln View Post
    I got some kind of dilemma here. I filed chapter 13 bankruptcy back the first part of April after my vehilce had been repoed. After the filing of the petiion I contacted the lender let the lender know I had filed for Chapter 13. The lender then returned the vehilce to me. I just found out today that the lender is requesting for relief from the stay. The motion for the relief states that the lender has the vehilce in its possesion. I contacted the lender to question them as to why they had ask for the relief. The lender told me that they had requested for the relief because in my state once the vehilce is repoed they don't have to return it and that they can request the full balance due to be paid. I omitted to telll the lender I had the vehilce in my possession. I don't have to many days to file an answer to the motion. I am just confused to why the lender believes it has the vehilce in its possession when the lender released the vehilce to me. I just need some answers on what I should do. And what needs to be in the details of my answer when I file it. I appreciate any advice.
    I take it you didn't file your petition with an attorney? If you did this on your own I would head over to Pacer and try to find similar petitions with motions and see how they were answered. Good luck.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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