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    No relief from AS?

    We have a new Accord and a new Odyssey that we purchased back in December with the intention of keeping them, but unexpected things happened in January so we have to surrender the vehicles.

    The 341 is in 9 days and I am really surprised HFC hasn't filed a relief from automatic stay! I thought they usually do that before the 341. It'd be nice if I could keep driving the van for a couple more months!!
    Filed Ch.7 on 03/17
    Statement of Presumed abuse filed 707(b) 05/03
    Statement of Non-Abuse filed!!
    Discharged 06/23/10

    #2
    I don't know that many creditors bother to file for relief from the AS in a ch. 7. It is usually only in effect for 3-4 months, and if they were to file it would be a few weeks after before there was a hearing. By the time the motion could be granted, it would be almost time for the AS to end naturally. The time & expense of the legal actions would be kind of wasted I think.
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

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      #3
      Originally posted by SMinGA View Post
      I don't know that many creditors bother to file for relief from the AS in a ch. 7. It is usually only in effect for 3-4 months, and if they were to file it would be a few weeks after before there was a hearing. By the time the motion could be granted, it would be almost time for the AS to end naturally. The time & expense of the legal actions would be kind of wasted I think.
      Sminga is most likely correct. Now in a house foreclosure, usually the house was near that and most likely also led to the bk so they are ready to file AS to foreclose. A car is only December and you are probably just 3 months late of you made any payments at all. It's a bummer but now you have time to search for a cheap used car. They are out there and some cherries. We are driving a 93 police car, sunk about $300 to put it into shape (tires, batt, plugs, oil) and that was four years ago runs well, great air, no heater, but we live in FL. 'Hub
      If 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.

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        #4
        Thank you both. I just got a job and start tomorrow to help us save $ for a used van. We made two payments on the van and only one on the car. Definitely looking forward to having no car payments ever again!!!!
        Filed Ch.7 on 03/17
        Statement of Presumed abuse filed 707(b) 05/03
        Statement of Non-Abuse filed!!
        Discharged 06/23/10

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