repo letter came

[marzipan13]

ok, the auto loan bank filed a motion to lift the stay in order to repo the car... the hearing is next friday.
i've been trying all this week to surrender the car, but the bank never came to get it.
today, i get a certified letter from the bank that they're going to repo the car on august 27th if i don't pay the past due balance.
can they do that?
why are they sending a repo letter before the hearing?

[lrprn]

why are they sending a repo letter before the hearing?

Auto lenders have their routine once they are notified about a bankruptcy. It doesn't matter if the letter comes before or after your 341. At least now you know when they will be picking up the car - that's one silver lining!

[Bryan16]

It sounds like they are assuming the stay will be lifted (and it probably will) and will schedule the pick up for the following Monday. I don't see anything wrong with the letter. They could actually pick up the car that Friday if the stay is lifted. It sounds like it's just a courtesy notice.

Even if you call the bank to come pick up the car, they still can't legally pick it up unless you agree in writing to voluntarily lift the stay (the trustee and judge must sign it too).