Motion for Abandonment vs Motion for Relief of Stay??

[OhioGirl]

Can someone please help me determine what the difference is here? We received a Motion for Abandonment for the vehicle (which we already have surrendered) and a Motion for Relief of Stay on the mobile home (which we have moved out of but not technically surrendered).

Thanks!

[HHM]

Who filed the Motion for Abandonment?

The Motion for Relief from Stay is the finance company asking the court permission to continue or start with whatever foreclosure action or repo action related to the Mobile Home. These are usually filed when the debtor is behind on payments.

[OhioGirl]

Who filed the Motion for Abandonment?

The Motion for Relief from Stay is the finance company asking the court permission to continue or start with whatever foreclosure action or repo action related to the Mobile Home. These are usually filed when the debtor is behind on payments.

The bank who had the car loan (and who hired the repo company for the surrender) sent the Motion for Abandonment. Thanks!

[HHM]

I think the Motion for Abandonment is more directed at the Trustee. You have already said you would surrender the vehicle, so the only thing I can think of is that the Motion for Abandonment is requesting the court to order the Trustee to release any interest the Bankruptcy Estate has in the car. (the car is an asset and all your assets become part of the Bankruptcy Estate when you file BK, and remain so until discharge or abandoned by the trustee).

Its an odd motion to make (I suppose local practices vary), but usually this situation is taken care of with a Stipulation and Order lifting the automatic stay that includes a statement from the trustee that there is no equity in the vehicle for the trustee to pursue. But oh well.

[OhioGirl]

I think the Motion for Abandonment is more directed at the Trustee. You have already said you would surrender the vehicle, so the only thing I can think of is that the Motion for Abandonment is requesting the court to order the Trustee to release any interest the Bankruptcy Estate has in the car. (the car is an asset and all your assets become part of the Bankruptcy Estate when you file BK, and remain so until discharge or abandoned by the trustee).

Its an odd motion to make (I suppose local practices vary), but usually this situation is taken care of with a Stipulation and Order lifting the automatic stay that includes a statement from the trustee that there is no equity in the vehicle for the trustee to pursue. But oh well.

Thanks for your input!! I was just worried that maybe it would mean that the difference in what they auction it for and what is owed on it would still be my responsibility after discharge.

[HHM]

Thanks for your input!! I was just worried that maybe it would mean that the difference in what they auction it for and what is owed on it would still be my responsibility after discharge.

Please realize, I am only speculating, I haven't read the motion. If you have a copy of the Motion, what exactly is the relief the finance company is asking for, (its usually the last few sentences of the Motion)