Motion/Application for Relief from Stay Lifted

[mxmom141]

I have a question that maybe someone can answer for me. We filed for Chap. 7 back in August. We have two vehicles and decided to go ahead and reaffirm just one and give the other back. We are upside down on the loan and it just makes more sense to give it back than to reaffirm it. We had our 341 meeting back in September and all went well. We had no creditors at the meeting and the trustee ruled it a no asset case. A couple days after the meeting we recieved a letter that the finance company for the car that we are giving back filed a Motion/Application for Relief from Stay with the courts. Our attorney said not to worry about it and don't worry about going to court since we will be giving the car back. Well today was the court case and we didn't go. I have been worried all day but I followed my attorney's advice. I check PACER this afternoon around 5ish just to see if there was anything showing up even though it was the same day. Well...there was. If I am reading it right it looks like the judge went ahead and lifted the stay on the vehicle in the hearing this morning. So at this point I am assuming that the finance company will be on the way to get the car. Does anyone know just how long it takes for the finance company to reposses the car now that they can??? I was thinking that maybe I should call them in the morning and set up a pick up time or place of drop off so I am not sitting here waiting and wondering when my car will be gone. But I am
not sure if that is the right thing to do. Any suggestions??? Any idea of what the timeline is like from this point on???

Mxmom141
Filed 8/3/07
341 Meeting 9/12/2007
Just counting the days till discharge!!!!

[lrprn]

Everything your lawyer told you is right, mxmom. Filing a request to lift the stay and getting the judge's permission to do so is all normal procedure when you surrender a car during bankruptcy.

Does anyone know just how long it takes for the finance company to reposses the car now that they can???

Hard to guess. Take everything you need or want in the car starting now though just to be safe. If you can drive the other car and keep the surrendered car in the garage for a few days until you sort things out, then you won't have to worry about getting stranded.

I was thinking that maybe I should call them in the morning and set up a pick up time or place of drop off so I am not sitting here waiting and wondering when my car will be gone.

Call and ask your lawyer first. After filing it's not a good idea to contact creditors directly yourself without checking with your lawyer first to make sure it's ok.