motion to lift automatic stay

[egul105]

Somebody please respond to this, as I'm totally freaked out! I filed the end of Sept Chapter 7. My 341 is Oct 28. I had an SUV with $529 a month payments. Right before I filed, I was over 30 days behind. They called and threatened to come get the vehicle. I started Grad school in Aug and also joined the Army Reserve to help pay for school. I had already realized that I probably would not be able to afford the vehicle by next semester, and because I have a contract with the Army, I couldn't get out of school. So my attorney told me if I could get something cheaper to let them have the SUV. I borrowed $1000 from a friend and got a Dodge Neon for $290 a month. I called Citi Financial and told them to come get the truck and of course, they suddenly wanted to help, but I had already bought the other vehicle, so I said no. They asked me why I could no longer afford it and I said loss of income. They said why, and I think I screwed up because I told them because of school. My attorney didn't think it was a problem but today I received a notice in the mail from CitiFinancial's attorney saying they had requested a relief from stay and they have a court date Nov 17th. It said they had contacted my attorney, but my attorney didn't let me know about this. Am I screwed?

[egul105]

re: motion to stay

I forgot to add, they already have the vehicle. I reread the letter they sent me and it says that they are wanting a motion to permit them to take posession of the vehicle. Huh? I already received a letter from them stating that they were going to sell it, and then I got this. Is this just a formality?

[skincomplicity]

I received a letter about my truck that I surrendered that said basically the same thing .Asking the location of the vehicle ,etc. The letter was dated after I had surrendered it.I believe its a formality. I contacted the company let them know they already have it. And they confirmed that they have possession.But that I needed to acknowledge that the surrender is what I agreed to.But I see on Pacer that they plan to show up at the 341! Not exactly sure why they would show up?! May also be a formality.?

[StaciMM]

If you've already turned over the vehicle, you're ok. More than likely, 1 of 2 things:

They automatically filed the motion to lift the stay when they got notice of the BK being filed (since you were behind it would have been in their best interest to start that process, not expecting you to turn it in right away) and they weren't able to stop the motion even though they have the vehicle

OR

They may need the motion in order to proceed w/ putting the vehicle up for sale. I don't know if this is required, but from their point of view, perhaps its best for them to have all their ducks in a row.


Then again, a big company often has several departments and one doesn't have a clue as to what the other is doing...