Surrending Van, Objection, Preliminary Hearing

[djinaz]

My husband and I filed for bankruptcy on December 23. We had 2 vehicles that we are surrending. Earlier into the bankruptcy both lenders filed a motion for relief from automatic stay, which we expected. Then we got a notice that the trustee filed an objection on one of them because the lender/lawyer didn't include a copy of the original sales contract with the relief from automatic stay. This all occured early on in the bankruptcy. We had our 341 meeting last month and now we got notification that the lawyer for the lender has filed a: Affidavit of Service of Notice of Hearing. What's weird is the preliminary hearing is next month at a different court thats not associated with my bankruptcy case at all. I'm in Arizona and filed with the Yuma Bankruptcy Court. The lawyer for the lender is located in Phoenix and the Preliminary hearing is supposed to be held in Prescott but the lawyer said they will be attending the meeting via satellite. This is all so confusing to me. Do I need to be at that meeting?!?!? What the heck is the meeting for???

[newbie2]

You really need to get on the phone with your attorney. From what you described it sounds like they lender is trying to do an end run around the bankruptcy court (and rules) and sue you in civil court. (That's the gist of what I'm reading...)

Call your attorney. Pronto.

[djinaz]

Pro se!!!

[newbie2]

Call the courthouse in which this appearance is supposed to be made, and inform them that you filed bankruptcy. Ask if there is a procedure in which to formally notify the court of this (a form, or something..)

Something isn't right here.

[djinaz]

Okay. Thank you so much. I will give the court a call today.

[djinaz]

It's just really weird. Obviously the lawyer and Wachovia both know I filed for bankruptcy because they filed a relief from automatic stay. I will just have to call the court and go from there.