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Relief from Stay after surrender?

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    Relief from Stay after surrender?

    We surrendered one of our vehicles this week, on the 16th they came and picked it up. Our 341 was on the 18th and this same day this creditor ( local credit union) filed for relief from stay? Why, they already have the car.
    Last edited by Dannmcg357; 03-19-2010, 04:45 AM.
    Filed CH7 Feb 12 2010
    341 March 18
    Discharged...May 18
    Awaiting closing...

    #2
    Because one side of the house doesn't know what the other side is doing. This will have no impact on your case at this point.
    Case Closed > 2/08/2010

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      #3
      Dannmcg357:

      Although the creditor can pick-up the vehicle when you're in bankruptcy if you've listed it as 'surrender', the creditor may not sell the vehicle until after your case is closed or after obtaining a relief from stay order allowing it to sell the vehicle.

      That's why they did it - not for the repo, but to get the court's permission to auction off estate property.

      --William
      I am an attorney, but I am just not your attorney.
      As such, any statement is not intended to create an attorney/client relationship.

      Comment


        #4
        Thanks BKDefender,BobManago,
        That makes sense. Glad it wont impact my discharge
        Filed CH7 Feb 12 2010
        341 March 18
        Discharged...May 18
        Awaiting closing...

        Comment

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