Filed Chapter 7 - Exactly a week ago

[BG34]

I filed Chapter 7 exactly a week ago tomorrow. I am surrendering my car. I just got a call from the car finance people(Drivetime), asking me for my case number and Attorney's name because they are going to file against the"Automatic Stay". My 341 hearing is not till 11/19.

1) How long does it take for them to file against the "Automatic Stay"

2) How soon can they come get the car after they file against the "Automatic Stay".

Any suggestions?? Help Help

[Logan]

Ask your attorney.

[AngelinaCat]

You probably have at least twenty days, more likely longer because the twenty days start counting down at the time the creditor files the Motion to Lift the Stay. At that point you have a period of time to answer. Typically it is twenty business days. The deadline will be in the copy of the paperwork that you will get. This period of time is dependent on the rules of your local court, and how it does business.

If you choose not to answer, then the court will rule in the favor of the creditor. And that is the end of that matter, and the creditor will then do whatever it takes to repossess the vehicle.

If you DO respond with an answer, then the creditor has an equal amount of time to respond. And so it goes back and forth. You can kill a lot of time with this. But eventually, the creditor will get its way.

Good luck to you.

[mjjjlove]

Drive time is the worse.. My sister has a loan with them.. Surrender that car, you will get other banks to finance u.. I just filed 9/9/13..not yet discharged.. I got a brand new car with ford dealership.. Here is my story, if it helps..

Filed chap 7..9/9/13...341 meeting 10/11...bought a brand new Mustang 2014 GT 5.0 from ford
. I surrendered one car owned by capital one, redeemed another car to keep with santander... Tide water motor credit gave us a loan for a new Mustang on 10/19/13..approved right away with an open chapter 7 not yet discharged. Till probably end of Dec 2013...there is hope during open chapter 7...drivetime will pick up that car and lift the automatic stay... Get rid of them... Just my 2 cents.. Sorry for the typo.. I am on my phone.. Hope my story helped... Good luck and have a great day

[mjjjlove]

Also it takes them about 21 days or so to lift the stay... And after granted, they don't wait for a notice from your lawyer.... They get a copy from the court and they will pick up right away, same day if they can..

[BG34]

Drive time is the worse.. My sister has a loan with them.. Surrender that car, you will get other banks to finance u.. I just filed 9/9/13..not yet discharged.. I got a brand new car with ford dealership.. Here is my story, if it helps..

Filed chap 7..9/9/13...341 meeting 10/11...bought a brand new Mustang 2014 GT 5.0 from ford
. I surrendered one car owned by capital one, redeemed another car to keep with santander... Tide water motor credit gave us a loan for a new Mustang on 10/19/13..approved right away with an open chapter 7 not yet discharged. Till probably end of Dec 2013...there is hope during open chapter 7...drivetime will pick up that car and lift the automatic stay... Get rid of them... Just my 2 cents.. Sorry for the typo.. I am on my phone.. Hope my story helped... Good luck and have a great day

OMG, they are the Worse... Yes!! I would never recommend anyone to use them.. Nope!!

I have already started to get letters from car places etc... So i will look into those. Did you have to put down anything? This was so helpful.. Thanks

[BG34]

OMG, they are the Worse... Yes!! I would never recommend anyone to use them.. Nope!!

I have already started to get letters from car places etc... So i will look into those. Did you have to put down anything? This was so helpful.. Thanks

Nevermind on responding. Saw your answer in your thread you posted.. Thanks

[mjjjlove]

Nevermind on responding. Saw your answer in your thread you posted.. Thanks

Ya.. The bigger the down-payment with open chapter 7 the better.. The stronger the deal... The banks know your high risk.. Even just going there with 3000 is good! Get rid of drive time.. I have santander and capital one with our other vehicles now and as soon as they got case numbers, they don't dare try and lift the motion for automatic stay, they wait till you are discharged and they come get the car... Drive time being the worse they'll fight the court to lift that motion.. Tell them pick it up, and start over go to a real dealership.. At least they will let you negotiate the price and they have tidewater, santander, consumer portfolio. For special financing during BK and they will approve u.. U will walk out of there with a brand new car, with warrant for the same interests your paying drivetime..

[mjjjlove]

Also my fiend is a supervisor for drivetime.. And she even told my sister before don't go to them... They are bad! People talk alot of crap on santander but honestly they are a great bank, never had any issues with them even tho before BK I'd be close to 90 days late, never harassed me always professional.. Capital one too... Sadly, we had to add them on BK.... I would finance with them again, santander approved my mustang even tho I added them but they want the discharge papers and I don't have it yet.. So I'm happy to even get picked up by tide water motor credit

[mjjjlove]

And this is all about a week later or so after my 341 meeting.. I begged santander to come get the car, they won'tlol because of bBK they are waiting till discharged.. Capital one too they didn't even come near my driveway lol... So yes don't get bullied by drive time... Banks will fight to get your business... They need people like us to keep them. In business

[htraxx2]

we have a loan through drive time, put in the bankruptcy papers that we were not keeping the car. was discharged about 11/04/13 and haven't heard a word from them , quit making payments about a month before we filed. it has a gps on it according to the loan papers and it has been sitting since our discharge waiting for them to show up.