Bankruptcy Forum

New member here! (motion for relief from stay)

Bryan16
08-15-2007, 09:27 AM
First of all, I never bothered to register before but the information in this forum helped me file pro se. But now I am looking for a little more specific help!

The last day for objections to my case is September 4th. If all goes well, I would receive my discharge on the 5th. Today, Ford Credit filed a motion for relief from stay on the vehicle I am surrendering. The court date is scheduled for September 5th! This is the same date and time (even room number) that would be used if there were objections to my case. Does that mean my discharge will not be granted on the 5th? Why don't they just come get the car after I receive my discharge since that would automatically grant them relief?

One other thing, it says (PACER is great!) that Ford "prays" for not only the vehicle, but costs of suit incurred herein, reasonable attorney fees, and for such and further relief as the court may deem just and proper. Does that mean I will have to pay for these costs?

Thank you very much for the help!

lrprn
08-15-2007, 10:24 AM
Today, Ford Credit filed a motion for relief from stay on the vehicle I am surrendering. Because of bankruptcy's automatic stay, Ford has to petition the court to lift the stay so they can take the vehicle you are surrendering. Just routine. And I don't recall any members ever saying they were charged for the lender's expenses to pick up a surrendered asset like a car. Check with your lawyer to be sure, but I'm thinking you're safe from any charges.

familyof7
08-15-2007, 10:32 AM
they can sk for the money but if no fraud incurred they wont get it they will get the vehicle and the debt will be discharged

Bryan16
08-15-2007, 10:33 AM
Because of bankruptcy's automatic stay, Ford has to petition the court to lift the stay so they can take the vehicle you are surrendering.

But since I will receive my discharge on the same day they are requesting the relief, wouldn't the motion be pointless? I thought the automatic stay ended when the case is discharged.

Bryan16
08-15-2007, 10:35 AM
they can sk for the money but if no fraud incurred they wont get it they will get the vehicle and the debt will be discharged

Thanks for the reply! So the attorney and filing fees they ask for would be included in my BK?

I just don't want to be stuck with a thousand or more dollars in debt after my BK! Becoming debt free was the whole idea in the first place :)

familyof7
08-15-2007, 10:54 AM
Yes they wil be included