Vehicle Finance Company filed motion for relief from stay in Chapter 13

[tle169]

I fell behind on post petition payments to my auto lender and recently received a letter stating a motion for relief of stay was filed. I am able to bring the amount current that they are asking for. My question is: do I contact the finance company and ask for them to withdraw the motion if I am able to bring the post petition amount current? It is stated on the motion that I have to file an objection within 14 days or they will likely be granted relief. I do have an attorney but have not been able to get a hold of him.

[justbroke]

Welcome to BKForum.

If I were in this position, I would ask the lender if they will withdraw the motion if I paid up to date. If they don't, then I would pay anyway, bringing it current, file an objection to the motion saying that you're now current, and attend the hearing if they don't withdraw the motion.

The difficulty is that if this is has happened more than once, the lender may still want a hearing and plead that this I was habitually late and not adhering to the plan and that the RFS should be granted.

The court is usually sympathetic to the debtor since a vehicle is required to work, and work funds the plan.