Trustee's Motion to Extend Hearing - Questions

[KMC4]

Hi,

I received a notice in the mail today that the Trustee has filed a Motion to Extend Stay in order to determine if there are grounds to avoid the car lien for our new car based on an unperfected lien.

My questions are do we/our attorney have to attend this meeting or is this just a meeting between the Trustee and the Judge? Also, does this also mean that the car can't be taken away from us until at least the date of this hearing?

[HHM]

Unless you plan on opposing the trustees motion (and I see no reason why you would), niether you nor your attorney need attend.

As to your 2nd question, correct, you will the car well past the hearing. Before the trustee can take the car, he still needs to file the Motion to Avoid the lien. So you have many many weeks before you would need to give up the car if, in fact, that is what is required.

[KMC4]

Thanks for the response.

Does anyone know if I'm required to keep making the monthly car payments in this scenario? I just don't want to keep making payments if the car is going to be taken away anyway, which I'm expecting to happen. We have not signed a reaffirmation agreement.