Lift on Automatic Stay for Surrendered Truck?

[exhausted]

I just got a notice from the court that Nissan wants a lift on the automatic stay for a truck that we surrendered weeks ago. There is a court date set for Oct. 9. It also says on the paper work that Nissan contacted my attorney and that there was no opposition to the motion.

I don't understand this. My attorney's office isn't open yet, so I was hoping to get some info here before I get sick to my stomach.

[HHM]

If you are letting the truck go, you, nor your attorney, need to do anything.

When you say you surrendered it, did you already physically turn it over to a dealership or lender rep?

[exhausted]

Yes, we physically turned it over to the dealership a few weeks ago.

[BROKENN]

I'm interested, as I am turning in a truck come Oct!

Do they have to do this to sell the truck or something?

[Cali]

Ford knew I was surrendering the SUV, they filed for the lift a few weeks before I was discharged. I called them day after the court date. Someone came a day after and picked the SUV up. I got paperwork, he got keys, he drove off in the SUV, wasn't bad at all.

[BROKENN]

Hi Cali,
So you called after the meeting, they picked up the SUV the next day and then many weeks later before discharge they lifted the stay?

I also have a Ford

[Cali]

No, I got the info in the mail about them doing a motion for relief of stay, which had the court date. I didn't have to court nor did my attorney, since they knew I was giving up the vehicle. The day after the appointed court date, I called Ford to see when they were going to get the vehicle. They sent someone out the next day. The guy that picked up the vehicle, gave me the paperwork he got from Ford. I gave him the keys and he drove off in the vehicle.

All this happen a few weeks before my discharged. My attorney was surprised they did the motion because he thought they would just wait until discharge and come get it, but they didn't.

ETA: We had 2 Lincoln's, truck and SUV.

Hi Cali,
So you called after the meeting, they picked up the SUV the next day and then many weeks later before discharge they lifted the stay?

I also have a Ford

[BROKENN]

Thanks! I get it now... and I won't be surprised if I receive one of those and get it handled.

I appreciate the help

The dealership we got the truck from is now gone. We were thinking we would drive the truck to a closer dealer. But it sounds like I might need the paperwork!

We are also reaffirming another Ford SUV, that should be an interesting twist, eh?

[Cali]

We reaffirmed the truck, we got them both from the same dealership and Ford financed them both.

Thanks! I get it now... and I won't be surprised if I receive one of those and get it handled.

I appreciate the help

The dealership we got the truck from is now gone. We were thinking we would drive the truck to a closer dealer. But it sounds like I might need the paperwork!

We are also reaffirming another Ford SUV, that should be an interesting twist, eh?

[heyu]

I just received a Motion For Relief From Stay in which the Mortgage Company is seeking the award of bankruptcy fees and cost of $800.00 for the prosecution of the motion or that a State Court Judge is permitted to award bankruptcy fees and cost for the prosecution of the motion, I have 20 days to object.
On the other hand I have an order granting debtors motion to abandon real property which was ordered , adjudged and decreed which in effect stated that any affected creditor with claim against said property may seek in rem relief only against the property, with no in personam recourse against the debtor.
It is further Ordered, Adjudged and Decreed the the effect of the order shall be that the debtor has no legal equitable interest in the property.
Can someone who understand these things please explain, what are they saying, are they trying to get me to pay $800.00 to them and if so how do I avoid having to do that.
Any thoughts, ideas, based on the above will be greatly appreciated.

[TEW]

I just received a Motion For Relief From Stay in which the Mortgage Company is seeking the award of bankruptcy fees and cost of $800.00 for the prosecution of the motion or that a State Court Judge is permitted to award bankruptcy fees and cost for the prosecution of the motion, I have 20 days to object.
On the other hand I have an order granting debtors motion to abandon real property which was ordered , adjudged and decreed which in effect stated that any affected creditor with claim against said property may seek in rem relief only against the property, with no in personam recourse against the debtor.
It is further Ordered, Adjudged and Decreed the the effect of the order shall be that the debtor has no legal equitable interest in the property.
Can someone who understand these things please explain, what are they saying, are they trying to get me to pay $800.00 to them and if so how do I avoid having to do that.
Any thoughts, ideas, based on the above will be greatly appreciated.

no you don't pay the $800 your bk takes care of that

[justbroke]

no you don't pay the $800 your bk takes care of that

That depends. If it's an Asset Chapter 7 or a Chapter 13, it will be paid as an administrative expense from the Estate.

Generally, you don't have to worry about it, because it is paid from the proceeds of the Chapter 7, 11, 13 Estate.

[TEW]

That depends. If it's an Asset Chapter 7 or a Chapter 13, it will be paid as an administrative expense from the Estate.

Generally, you don't have to worry about it, because it is paid from the proceeds of the Chapter 7, 11, 13 Estate.

thanks broke

[BROKENN]

Here's an update on Ford in San Diego. I called, they said the dealer would refuse the car!
They sent an agent out to get it, we let him on the property, he inspected it and gave us a copy, saw the moving truck, said everyone is leaving SD and then showed us his 300 name list of current repos!

Then my Dad promptly sold him some garage sale stuff

[allavdj]

Here's an update on Ford in San Diego. I called, they said the dealer would refuse the car!
They sent an agent out to get it, we let him on the property, he inspected it and gave us a copy, saw the moving truck, said everyone is leaving SD and then showed us his 300 name list of current repos!

Then my Dad promptly sold him some garage sale stuff

I think repo guys get a bad rap. The guy that picked up my VW Jetta was super friendly, even had his son with him. He told me about how he was in my shoes about 10 years ago and to "take care of my family first" and that things would get better even with the rough times.