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1-Relief from stay 2-surrendering car during 7

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    1-Relief from stay 2-surrendering car during 7

    #1 , we inlcuded our rental home in the chapter 7 we filed in dec 04, this month they filed for a motion of relief from stay. our attorney wants to charge us $450 , because we are in the hole with rent for 3 months now. What can i type up and present to the trustee/judge, to give us some time. I know a grant of relief allows them to proceed forward and claim property thru courts. thus allowing a little more time. Trying to get funds together or move.


    #2. we have a car in which we were going to reaffirm, however those funds fell through. So we want to turn in the car, problem is, it is at a mechanic's shop right now, and he has filed for a mechanics lein for some work done on it. lol :-) So if i cant pay him, and we want to turn it over, will they pay him to get the car that I have told them I wont pay for any more to get it? what? im told our chapter 7 should be discharged this week coming up. So we were told if we wanted to keep the car we had to pay the past due by time the discharge was in effect.


    I need IMMEDIATE HELP GUYS!

    Motion must be filed by 3/9/05.


    Thanks

    #2
    Honestly, should have had a plan together about what to do or how to deal with you back rent. Basically, you will want to offer an Adequate Protection Order, but you have to be able to offer something to the landlord, and doesn't sound like you have anything to offer.

    Honestly, this is something you need your attorney handle and you should figure out a way to pay him/her.

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      #3
      I came up with some solutions. One included a car I have the title to. I can let them hol don to the title until my refund comes in. I drew up a hearing request or objection to motion of relief from stay. So that will give me some time also. Lawyer i consulted, wasnt giving alot of help. They told me that i shouldnt have included them lol .. dum sasses Why did they allow me to do that knowing they would come after me for the 1 month of rent we didnt owe until at the time of our meeting. Ppl just want $$$ . but anywhoo..

      What about surrendering the car? any ideas? I never got the form for reaffirming from the bank. But they know of the stay. and im told they have 4 days to dispute the discharge or i recieve a letter saying its closed and discharged? what happens to my beautiful 2000 BLack on Black .. Acura 3.5 RL? heheheh.. if they havent done anything by that time as to objecting the discharge? im told i should have filed those papers within 45 days of the 341 meeting. but they never sent them. now we are 4 days from 60 days. and 90 days from the initial filing. help is appreciated.

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        #4
        We were going to reaffirm both our vehicles with Ford Credit. We even signed the reaffirmation agreements and sent them to our attorney. The attorney didn't send them to Ford, so after we were discharged and I called to see when Ford would start sending my statements again, they said they never got the reaffirmation agreements. So we were making the payments and not getting credit for them on our credit reports. Called the attorney, who found our forms in the file and said "sorry" never sent them. We told them to send just one of them, but Ford still would not accept it. We were backward on one of the loans, and were able to get a used car loan from our Credit Union so told Ford to come get that car. We were backward about $9000 and so Ford had to eat it because they wouldn't accept our agreements. We actually ended up selling the second vehicle and buying a new vehicle, also financed thru the Creidt Union and now have 2 loans, less payments each month and showing new good positive credit on our credit reports. So if you didn't send the reaffirmation agreements, you can still forfeit the car if you want.

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