Creditor filed motion for relief from stay for RV - Can I still make payments?

[DontBother]

On my Statement of Intentions, my attorney marked "surrender" for our RV. However, our true intent is to continue to make payments and not reaffirm, if the bank will allow that. The attorney said some do, some don't.

So today I checked PACER and I see that the bank filed a motion for relief from the automatic stay, based on the grounds of "depreciating value" from debotor's use. It even says that I'm completely currently on my payments. So should I take this as in indication that the bank won't allow a ride-through? Or is this standard operating procedure, regardless of what they'll let me do?

I definately don't want to reaff a luxury item like an RV, even though the payment is small (it's not a huge motorhome, just a little trailer). But I was hoping they'd let me keep it, as long as I made all the payments.

PS - I know that the New Law did away with ride-throughs, but I also know that it still happens. I was hoping for the latter.

[HHM]

If they have gone to the trouble to file the Mtion, that is a good indication they will NOT allow a ride-through.

[ohwell]

Here is our situation, as an example if this is helpful(?)

We were told by our atty, since we are rescinding our reaffirmation agreement(basically since you didn't reaffirm, they consider you in default of the loan), Ford cannot get the car until they file a motion to lift the automatic stay until we get discharged. Ford has not filed this motion since we originally were going to reaff the car, but they will have to file this now since we rescinded as of today. I think once discharge happens though, they can come get it since the automatic stay automatically ends.

They filed the motion to lift the stay to proceed with collecting the collateral - they had to do that when we let our other car go(we surrendered it right before we filed, they still had to file the auto stay motion since their auction proceedings get put on hold due to the bk).

I would say that they are getting ready to take the RV and sell it at auction. Did you speak with anyone as far as a ride through?

[DontBother]

Well, I did what I should of done first; picked up the phone and called the bank. The people at the BK department were very friendly and knowledgeable...

They said that when a filer marks their Statement of Intention with "Surrender", then they take it to mean just that; that the collateral will be surrendered. That's why they filed the motion for relief from the stay. I informed them that I'd like to keep making on-time payments and retain the RV. They said that's absolutely fine with them. They said that if I had marked "Reaffirm" on my SI, then they wouldn't of filed the motion, and they wouldn't even have enforced getting a reaff as long as the account is current.

They did say however, that if I ever go beyond 25 days late, then they will evaluate repossessing the RV.

[ohwell]

Don't,

Glad that you got that sorted out, sounds like they were following procedure. Ford told me I can't make payments, they weren't friendly

I just checked pacer and our motion to withdrawal our reaff was filed by our atty, so that's done! Just cleaned the upholstery for our used car we got. So weird to not owe anyone a dime!! I like it I told hubby to go run that Ford into the ground all he wants... taking the baby out tomorrow while we have another car, Merry Xmas to me!!!