Question on Motion to Stay

[Blondie75]

Hi everyone, I filed Ch 7 no asset in Nov and had my 341 on 12/19 and then due to discharge on 2/17. I turned in a leased vehicle in the bankruptcy. I've gotten a letter from a atty for the car company to get the remaining balance on the vehicle. I spoke with my attorney and they said its just a formality and that they can't do anything since the car was listed in the bk. Well I got letter from the court yesterday stating that they are giving the car company the rights to come after me for the difference (Im assuming). Has anyone had any experience with this and what happened? Does it affect my discharge?? Any info appreciated.

[TEW]

Hi everyone, I filed Ch 7 no asset in Nov and had my 341 on 12/19 and then due to discharge on 2/17. I turned in a leased vehicle in the bankruptcy. I've gotten a letter from a atty for the car company to get the remaining balance on the vehicle. I spoke with my attorney and they said its just a formality and that they can't do anything since the car was listed in the bk. Well I got letter from the court yesterday stating that they are giving the car company the rights to come after me for the difference (Im assuming). Has anyone had any experience with this and what happened? Does it affect my discharge?? Any info appreciated.

Is it a motion for relief of stay? it's possible one side of the company isn't keeping up with the other. Your lawyer is correct and it sounds like the right hand not knowing what the left and is doing at the company that held the loan on the car. IF you already turned the car in.

[AngelinaCatHub]

Have they filed an Adversary Procedure against you? This is a seperate civil suit but connect with the bk. They must prove you did something wrong or defrauded someone. A Judge is only human and I corrected one in my county who gave me a sumary judgement before the initial hearing. It was reversed and I bk-ed it away.

[Tbornetun]

I don't know why they would be allowed to come after you for the difference. What exactly does the letter say? If you didn't assume your lease in the BK than they can't come after you for the difference.

Please provide the details of the letter so we can know more and give you a better answer.

[AngelinaCatHub]

Is it a motion for relief of stay? it's possible one side of the company isn't keeping up with the other. Your lawyer is correct and it sounds like the right hand not knowing what the left and is doing at the company that held the loan on the car. IF you already turned the car in.

Very true that the Courts will become sloppier as the case load starts to increase.

Obama's Rhetoric Is the Real 'Catastrophe'
In 1932, automobile production shriveled

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[Blondie75]

This is the letter basically from the court. Ordering lifting the automatic stay on top. Nissan filed the motion on 1/23 and no objections to the motion were filed. So the last thing it says is: Its ordered that the motion is granted and the automatic stay is modified to allow the creditor to exercise its state law rights with respect to the personal property. It is further ordered that rule of the federal rules of bankruptcy procedure is waived and the creditor may immediately enforce and implement this order.

Sorry it also said that cause exists for modification of the automatic stay. However, I don't know what that cause could be.

So basically Im assuming it says that the car is not included in the bk and they can come after me for the difference of the sold and payoff amount right???

[StartingOver08]

It sounds like Nissan wants your car.

From what you have posted, it sounds like they want the car. Did you surrender it to Nissan on the schedules? Did you physically surrender the car to Nissan? If you have not surrendered the car, then make arrangements to do so.

If your debt was discharged in CH 7 , then they can not come after you for the balance on the lease if you included the lease in your petition.

Did you get one letter or two? The one from the court lifting the stay for the car and another one from a collections attorney for the balance of your lease?

If you got two letters, then give the collections letter to your attorney. Do you have an attorney that handled your BK? If so, give a copy of the collections letter for the balance of the lease to your BK attorney so he can notify the Nissan attorney that you have filed Ch 7 and have been discharged.

[Blondie75]

The car was listed in the bk and I contacted Nissan to have them come pick the vehicle up due to bk. That was done several weeks ago.
I did get two letters-one from court stating what I said above and another from the Nissan atty with the same letter from court and a coverpage.

[StartingOver08]

So really you got two copies of the same letter - the one lifting the stay so Nissan can come get the vehicle.

Since you have already surrendered the car on the paperwork, just make arrangements with Nissan to pick up the car at a time and place that is convenient to you.

[Blondie75]

I already had Nissan pick up the vehicle weeks ago. This scares me for some reason. Should I call Nissan to verify that they have the car???

[StartingOver08]

Hi everyone, I filed Ch 7 no asset in Nov and had my 341 on 12/19 and then due to discharge on 2/17. I turned in a leased vehicle in the bankruptcy. I've gotten a letter from a atty for the car company to get the remaining balance on the vehicle. I spoke with my attorney and they said its just a formality and that they can't do anything since the car was listed in the bk. Well I got letter from the court yesterday stating that they are giving the car company the rights to come after me for the difference (Im assuming). Has anyone had any experience with this and what happened? Does it affect my discharge?? Any info appreciated.

I would listen to your attorney - it sounds like they are just getting the proper paperwork out to you now even though they already have the car. I would not worry about it.

No, it will not affect your discharge.