Ford Credit files for relief of stay today. Reaffirmation papers handed in today

[sharksfan]

As the title states.

Ford Credit filed for a relief of the automatic stay today. First thing this morning I turned in to my attorney the reaffirmation paperwork for this loan. My 60 day window closes on 6/9... Am I SOL?

I'm even more concerned becasue my pre-dischare BK certs have yet to appear on PACER (due 5/27)...

[gymbofreak]

I wouldnt stress I seems a bit behind on adding papers, It seems so on mine anyhow. SOrry I cant help with first part.

[erinmi]

Were you behind with Ford? And have you since gotten caught up?

We had a similar situation, though we had gotten behind by about 3 weeks with our payment to Ford.

They filed for relief from stay about 2 weeks before our 60 days was up. We wanted to keep the car, so we caught ourselves up but they said we had to file the reaffirmation if we wanted them to stop the relief from stay motion. So we did 3 days before our sixty days was up. It showed up on our pacer file two days later.

As long as the reaffirmation gets filed BEFORE the discharge order hits, you should be fine. I'm guessing since you have more than a week and ours only took two days to hit the system, you have plenty of time.

Our reaff did slow up our discharge because our schedules showed a "hardship" if we continued to make the payment and they had to determine if they needed any further proof that we could afford the payments.

[sharksfan]

We have been current on our payments since the start of the loan so this action really suprised me. I'd like to think that Ford is just trying to force our hand.

[erinmi]

Interesting.

You are probably right.

I assumed they had filed the motion for relief of stay because we were late but perhaps, they had planned to file it anyway because we hadn't reaffirmed at the time.

But I still think you should be ok and they have enough time to get the reaff filed before your discharge shows up.

[Cali]

We have Ford Motor Credit for both vehicles. Thanks for the info.

[sharksfan]

Ford has dropped their motion. My attorney told them that he had our signed agreement in his hands.

[sharksfan]

2/3 Reaffirmations have been filed with the court!!!!!!!!!!!!

[CindyLou]

Why would they file to lift the stay if you weren't behind? I've not heard of them doing that before?

[sharksfan]

My attorney said the same thing.

[CindyLou]

Have you been sending your payments to the bankruptcy department at Ford? I wonder if they had been applying your payments to your acct? It is just way out of character for ford to do that....hmmmm....I gotta scratch my head on that one!

[oldrocker]

Why would they file to lift the stay if you weren't behind? I've not heard of them doing that before?

Apparantly it depends on the consumer protections laws your state has. Here in NC a lender can repo even if you are current on your payments when you file. My lawyer told me from the get go if I want to keep my truck (Ford Motor Credit) I will have to reafirm. Ford will force your hand if they can.

[Cali]

I wasn't told we had to send our payments to the BK dept.

Have you been sending your payments to the bankruptcy department at Ford? I wonder if they had been applying your payments to your acct? It is just way out of character for ford to do that....hmmmm....I gotta scratch my head on that one!

[CindyLou]

I had to send them to the BK department until after the BK as discharged then I went back to online billing.

OP, you might want to call and see if your payments had been applied correctly!

[Cali]

Did you call the company or did your attorney tell you?

I had to send them to the BK department until after the BK as discharged then I went back to online billing.

OP, you might want to call and see if your payments had been applied correctly!