my husband and i received a motion to confirm termination of stay in the mail today from one of our car creditors. there is a court date and everything listed. i tried reading it a few times but i can't understand the legal wording. can anyone help me? i am nervous this might not be a good thing...
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Your car lender is asking the bk court to lift your automatic stay so they can repossess your car. If you want to keep this car, then yes, this is very bad news.
Did you make a late car payment after filing? Are you up to date with your car payments now?I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go -
i am up to date with paymentsComment
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Did you make a payment after filing that was after your loan due date? Or did you make a partial payment?Originally posted by hotdogz View Post
The reason I'm asking is that your lender has to have a legal basis (typically a missed or late payment) to justify asking the court to lift your stay. They can't just do it because they want to.Last edited by lrprn; 08-12-2008, 07:03 PM.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to goComment
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yeah i figured they just didn't wanted to take it from me to make my life worse...lol. but i think i did make it a few days after the due date but i paid the late fees.
so basically they'll try to take it from me for that one payment huh? is it possible the courts can tell them no? i am up to date on my payments as of right now.
what the heck can i do if they do take my car? i don't have money for down payment on a new one
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I hope the court is lenient on you. Be sure to ask your attorney what this means as well...he/she may know what generally happens in your district in cases like this. If they do take your car, there are replacement loans that you can get during bankruptcy...we got one through USBank recently and are happy with it....so if worst comes to worst, there is hope. We only had to come up with $250 down, but we did have to pay the sales tax on it in order to register the vehicle (which ended up being $700)...not bad, considering many places we tried were asking for $1500 (or more) down.Filed BK (Ch. 7) 6/2/08
Discharged!! 9/24/08
Closed..the end! 10/1/08
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Originally posted by hotdogz View Postyeah i figured they just didn't wanted to take it from me to make my life worse...lol. but i think i did make it a few days after the due date but i paid the late fees.
so basically they'll try to take it from me for that one payment huh? is it possible the courts can tell them no? i am up to date on my payments as of right now.
what the heck can i do if they do take my car? i don't have money for down payment on a new oneIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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I dont understand why they would want to repo the car. We are making payments and are up to date. All they want is our monthly payment. Would it help to talk to the finance company and tell them we want to keep the car? We signed to reaffirm the car loan a week or two ago, is it possible they didnt get the paperwork before they sent this letter out?
Thanks for all your help.Comment
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I just talked to my attourney, we're ok. They filed for the termination a day before they got our reaffirm paperwork. Our lawyer says we're ok and we will keep the car.Comment
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Great news! I'm so glad for you.
Filed BK (Ch. 7) 6/2/08
Discharged!! 9/24/08
Closed..the end! 10/1/08Comment
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That's a relief!Comment
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I got one of those a few weeks ago and my attorney told me not to worry about it since I am giving that one vehicle up.Comment
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We got one on our house. My question is if I'm planning to give up the house do I need to go to the hearing? It's after the 341 meeting.Filed: 7/17/08
341 Meeting: 8/25/08
Last Day of Objections: 10/24/08
Discharged: 11/08
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Catdance, if there are no other issues involved, what will happen if you don't show is that the judge will simply grant the lift of stay requested according to the motion filed. Since you're giving up the house, there's probably no need to attend, since a lift of stay is the first step in the foreclosure process in bk. (Just fyi -- unless you know definitely that it's a deed in lieu or other arrangement with the bank, it's a foreclosure even though you are willingly giving it up. Kinda like a "voluntary" car repo is still a repo.)
Good luck!!!Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!Comment
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