Please please please help!!!

[Natalie1706]

We got an application for relief from stay in the mail today concerning our car. We have our ch 7 creditors meeting April 1st. What the hell does this mean!!!??? I haven't had a chance to call our lawyer yet, we just got it today and the office was already closed.

Thanks,
natalie

[keepmine]

It means, they are asking the court to allow them to proceed with repo'ing the car.

[relief13035]

Means your lender doesn't want to wait until you are discharged to repo your car.

[HHM]

Were you current on payments to your car lender when you filed BK?

I suspect not because you have received this motion? Generally speaking, if you file BK and if you are behind on payments, the car is going to be repo'd.

[MSH]

Really... I am constantly behind 1 month. i plan on catching up when i receive my Tax Returns. My lawyer told me to not worry about it..... just don't fall any further behind. He said the same rules pretty much apply if i wasn't filing.

Should I be worried?

[justbroke]

Really... I am constantly behind 1 month. i plan on catching up when i receive my Tax Returns. My lawyer told me to not worry about it..... just don't fall any further behind. He said the same rules pretty much apply if i wasn't filing.

Should I be worried?

Yes, you should be real worried.

A Motion for Relief From Stay costs the lender $250.00 just for the filing fee. It also costs them some legal (attorney) fees as well. They probably paid $350.00 to have that Relief From Stay prepared.

That means, this is not a joke. They are not playing around. They want to be able to repossess that car. With you being behind in payments, they have no way to know that you're not discharging the debt.

Also, if you were keeping it, you were to, technically, either redeem or reaffirm the debt related to that car. This should have appeared on your Statement of Intentions. Generally, they won't let you re-affirm a debt that is delinquent in payments as a matter of rule. So you being behind is making this worse.

You really need to have a serious conversation with your lawyer TODAY. That relief from stay needs to be dealt with real quickly, or you'll find yourself without a car, when it seems you wanted to keep it!!!

Note well that a Relief From Automatic Stay usually has either a 15 or 21 day "negative" notice on it, that your lawyer must respond to, measured from the date on the notice (not the date received). Otherwise, the judge will basically enter an order as an unopposed motion, and allow the relief requested in the Motion.

(However, after the motion is granted, there's generally a 10-day stay before they can do anything, so you can appeal the Order granting the stay, but that's more procedural. I only mention it for Pro Se filers.)

[jessegirl]

Really... I am constantly behind 1 month. i plan on catching up when i receive my Tax Returns. My lawyer told me to not worry about it..... just don't fall any further behind. He said the same rules pretty much apply if i wasn't filing.

Should I be worried?

I am shocked that your attorney thinks that its ok to be 1 month behind. My attorney told me that when he files that I am to be up to date on everything. Especially my car. You cannot be behind an expect them not to repo it when you file chapter 7.

[MSH]

justbroke ....you have my comment mixed up with the posters. I do not have a relief of stay filed against me. But, found your info useful. So... Banks, will need to file a relief before they repo..correct? A persom will know they are coming first?

My lawyer, who has been extremely smart and helpful to me so far....says, Most banks (especially now) will treat you as anybody who is paying off there loan. He said he would only worry if i fall behind to much as i would if i wasn't filing. Basically the same rules apply. We filed it as a Redeem and retain.


I was feeling comfortable...again. I do plan on getting caught up on the behind month hopefully before my 341. Waiting for that Tax Return

[justbroke]

justbroke ....you have my comment mixed up with the posters. I do not have a relief of stay filed against me. But, found your info useful. So... Banks, will need to file a relief before they repo..correct? A persom will know they are coming first?

Sorry for the mixup. You should be okay... unless and until the bank files for relief.

I would still not want to be behind in payments, filing Chapter 7, and not plan to redeem or surrender. If you plan to reaffirm (or a ride-through) you will want to be current on payments.

Of course, different banks treat this differently (some allow ride-throughs and some don't), so your mileage will vary! (Pun intended.)

[MSH]

Thanks JustBroke.... I will keep an eye out for that relief.
I plan on catching up ASAP

[AngelinaCatHub]

HOOOray for our Forum. It is so good to see this advice being applied. 'Hub