Toyota requests relief from stay on a confirmed plan

[qwertysue]

Our plan was confirmed mid October after details were hashed out with Ford and a cram down we did. Payments have been made, ACH transfer has been arranged. We’re ready to go through the next 5 years.

Today we get a motion for a relief from automatic stay from Toyota dated November 20th. Huh? We surrendered the leased car in August, and that surrender is noted on the claim form submitted by Toyota in August. The original claim, and the claim that is part of the plan is for $11,000. The payoff at the time of surrender was $16,200—so we are assuming that Toyota calculated they would get about 5k in auction of the car. The 11k made sense.

The documents received yesterday indicated that we have not made post-confirmation payments as per the plan, with the plan attached. No where in the plan is there a provision for payments to Toyota. It is noted that the car would be surrendered, which it was.

The new amount that Toyota is asking for outside of the plan is for 2 payments of $400 and a lump sum of about $8500, right around $9,000.

Also in the documents received was an affidavit by an asset protection agent of Toyota stating that she has knowledge that my stepdaughter (who was a co-signer only on the lease) has possession of and is driving the car in question. Now if that’s true, how did she get the car back—she was unemployed after the car was turned in, we were never notified by Toyota—nor was there an amendment or objection filed prior to the confirmation hearing, my sd is living with her mom, and my husband has been driving her to and from work as needed.

I sent an email to our attorney to let her know that to our knowledge sd has not had possession after the car after we turned it in, and currently does not have a vehicle.

So many contradictions in the document…..

Any thoughts?

[HHM]

To whom did you surrender the car?

[qwertysue]

To whom did you surrender the car?

A local dealership. DH took it in one evening and was told to come back the next day because they had to prepare the paperwork for the surrender. I have a copy of the surrender paperwork.

This whole thing is nuts. It was like the documents we just received contradicted itself several times:

• Car was surrendered 8/21/07 (as per toyota's claim submitted on 8/28). Car is in stepdaughter's possession as per a signed declaration on the Movant's behalf.
  
  
• No payments have been made per confirmed plan--see attachment C (confirmed plan copy).
  Attachment C shows no provision for payment for Toyota outside of the trustee payment.
  
  
  
• Amount to be paid through plan (again reference attachment C) is listed at the original claim. Several pages later they are asking for a different amount.

The whole thing is bizzare. I'm very thankful that we have an ace attorney working on our bk. I told DH that we might not hear from the law firm until next week. I'd REALLY like to see the proof that they have that stepdaughter regained posession of the car and is currently driving it.

[lrprn]

This whole thing is nuts. It was like the documents we just received contradicted itself several times:

Sounds like someone in the bankruptcy division at Toyota got their wires crossed. Your attorney will get this straigtened out. Hang in there!

[SinkingFast]

It's a really good thing you got a receipt for the car.

Hope this gets worked out quickly and as painlessly as possible for you.

I think I'd ask Toyota to pay for my legal fees if your attny decides to charge extra for this. After all,........... It wasn't your fault to begin with.

[qwertysue]

I forgot to update on this!

Spoke with atty, she said that because the car is still property of the BK, Toyota has to file the motion. I don't understand that logic (especially with all the contradictions within the document), but she said not to worry.

I trust her, so we're not worrying. I'll update again once we find out the results of the hearing. Hearing is scheduled for the 8th...no need for us to be there.

Reason 123407 I am glad that we hired a kickazz attorney!