Bank of the West wants reliaf of stay after discharge?

[BillyRip]

I was discharged in May. Surrendered my 2006 Mustang that I was way upside down on AFTER discharge. They were on my creditor mailing list. I had intended to keep the vehicle but being way upside down, everyone, including my atty said that I could surrender it since they did not make me reaffirm.

Today I get a Motion for Relief that I have a hearing on 11/11 for the relief of stay. Thet say that "Said vehicle is not necessary to an effective reorganization".

WTF is this? I don't even have the car anymore. Bank of the West picked it up!

Now what????

[kenshirley]

OK, they were in your credit matrix and got the car back and you are discharged?
I would say they are definitely confused.
I would contact them and explain the facts of life to them.

[BillyRip]

At my 341 I had stated that I intended on keeping the vehicle. They did not have me reaffirm. I was discharged in May and on the Certificate of Notice, BOW was electronically notified.

When I realized that I could surrender the vehicle without being responsible for any shortfall, I decided to do that. They picked up the car at my office a couple weeks after I told them I wanted to voluntarily surrender it.

Now... I would NOT have received a 7 without that $625 a month payment. Does that matter?

A few of their bullet points in the relief filing are:

Debtor has not made the agreed upon payments since June 2009. (NO KIDDING, I GAVE YOU THE CAR!)

Cause exists for the grantor of relief of stay. In addition, Movant is not adequately protected with regard to the continuing depreciation of said vehicle.

Respondent has no equity in said vehicle.

Said vehicle is not necessary to an effective reorganization. (HUH?)

Wherefore, the Movant prays: This court grant the relief of stay against Respondent to allow Movant to foreclose on and/or take possession and control of said vehicle and pursue statutory and other available remedies. For such further relief as this Court deems appropriate.

Anyone wanna take a shot at this??? Thanks.

[Snickers]

I sure hope you got some kind of receipt or something for the car, because apparently they don't know they took it.

[aljohnson007]

If discharged, hasn't the stay expired? Looks like some events I have encountered where your file finally works its way to the top and they proceed without knowing what has already transpired. I would do as previously suggested and try and talk to them and explain the facts. Good luck.

[BillyRip]

I'll be darned if I can find the receipt, and the letter they sent me telling me they had the car. Between moving to an apartment and moving twice at the office, that stuff could be anywhere. I kept EVERYTHING too. Now I can't find these two lousy pieces of paper!

Is that the only thing that it looks like they are tying to do, recover the car?

If so, what the heck happens now if they insist that they never took it?

[aljohnson007]

You may be able to fine out from DMV if the vehicle is still in your name or who the current owner is.

[OhioFiler]

I'll be darned if I can find the receipt, and the letter they sent me telling me they had the car. Between moving to an apartment and moving twice at the office, that stuff could be anywhere. I kept EVERYTHING too. Now I can't find these two lousy pieces of paper!

Is that the only thing that it looks like they are tying to do, recover the car?

If so, what the heck happens now if they insist that they never took it?

The discharge lifted the automatic stay. No hearing is needed.

Let them continue to search for the vehicle and repossess it if they so desire. It's not your problem.

[music12]

they seem to have confused you with some ch11 case (that's where "reorganization" comes in). are you sure it's your name on their motion? your case number? some idiot (or computer) messed up, that's all.

[AngelinaCatHub]

All above more than correct. It is important for you to find or get a replacement receipt. Where did you take it and who did you get the letter from. If written on a word processor (of course it is) ask for a reprint. If you know who you gave the keys to, they could be summoned as a witness.

I believe they think you are still in bk, or you are in a different kind, 11 or 13??

As on asked, make sure the docket number is correct. Did they state what kind of car and VIN number of it? DMV can also trace that car by VIN. If it has been retitled to a car dealer, you would have proof where the thing is. 'Hub

[BillyRip]

Thank you all. I found the receipt for the car!

Also spoke w/my Atty. He said this is a formality so that BOW can sell the car, and that I will be fine as long as I don't sign anything obligating me for the shortfall.

Whew!

[BillyRip]

Anyone?

[SURV69]

JUST CURIOUS

The date of the hearing was supposed to be on 11/11?

That's Veteran's Day and I think the courts are closed that day.