When is the automatic stay automatically stopped?

[KKAB]

for secured property that is not reaffirmed? Is it after the discharge or after the bk is actually closed? Or, I guess, even never? It is my understanding an auto can't be repo'd while the automatic stay is in effect so I was just wondering on this! It is a Chapter 7, btw. Thanks!

[justbroke]

The automatic stay ends at the close of the case, or upon the granting of a Motion for Relief from the Automatic Stay, whichever comes first. (There are some other reasons why it would end earlier, but that has to do with serial filings.)

Now, any property on which there is a lien, can be repossessed or foreclosed upon while your bankruptcy is pending (not closed). The lender does this by filing a Motion for Relief from the Automatic Stay. The lender almost always has the relief granted and then is allowed to proceed with exercising their rights under State non-bankruptcy laws.

[RNY09]

I was going to ask that same question!

How do you know if a lender has requested and been granted the relief from the automatic stay? Does the lender or your attorney inform you, or would that be on Pacer?

[justbroke]

How do you know if a lender has requested and been granted the relief from the automatic stay? Does the lender or your attorney inform you, or would that be on Pacer?

The lender, also known as the moving party, must serve that request (motion) on you and/or your attorney. So your attorney certainly knows about it. Also, it would be in PACER as it has to be filed with the Court.

[KKAB]

Thanks! Okay, so if our bk is discharged, but not closed then we will at least get some notice when BofA files for relief from Automatic Stay. So the repo man won't surprise us at 2 am....
RNY, you will receive a notice in the mail from the courts saying it has been filed. We filed pro se, so your attorney may receive this and send you a copy- not sure how, but you will receive it!

[FreshStart01]

Does anyone know if the lender can file for a Motion to dismiss the Auto Stay on your autos or house during the 60 day wait period or before the 341 meeting

[justbroke]

Does anyone know if the lender can file for a Motion to dismiss the Auto Stay on your autos or house during the 60 day wait period or before the 341 meeting

A creditor can file a Motion for Relief from the Automatic Stay (RFS) at anytime before the close of the case. Depending on your Statement of Intentions, a creditor may file an RFS as soon as you file your petition!

[FreshStart01]

justbroke,

Does that mean I can hold off the creditors on my cars and house for at least 60 days from when I file from filing for Motion to Dismiss Stay and them starting the forecloser proccess or from repoing the cars by making my Statement of Intentions to reaffirm and then change my intentions to Surrender for the cars 45 days after the 341 meeting and doing a ridethrough on the house?

[justbroke]

justbroke,

Does that mean I can hold off the creditors on my cars and house for at least 60 days from when I file from filing for Motion to Dismiss Stay and them starting the forecloser proccess or from repoing the cars by making my Statement of Intentions to reaffirm and then change my intentions to Surrender for the cars 45 days after the 341 meeting and doing a ridethrough on the house?

You could... I'm not advocating that, but there are folks who have done just that. I don't know if that's ethical or not, but I have heard of people doing such a thing.

[FreshStart01]

justbroke,thank you for your imput.