kind of tricky question. [Archive]

slreno1217

12-16-2004, 02:25 PM

we are in a chapter 13, we have a van that we have secured through gmac, we fell behind in our payments like a year and a half ago. been current every since for about a year now without missing a paymen. my attorney is filing a motion to temporary suspend payments due to a lay off from work it is a 90 day suspension. well gmac has a agreed entry in this case that if we miss another payment then gmac attorney has to send us a 10 day notice to get payments caught back up or they get automatic relief from stay without a hearing.

well question is. if we are granted the temporary suspension of payments because of the lay off from work can gmac still go after the agreed entry even though the judge and the trustee granted the temporary suspension. or will the temporary suspension overide the agreed entry.

HRx

12-20-2004, 06:06 PM



	Bankruptcy Forum > Before the Discharge > Chapter 13 > kind of tricky question. PDA kind of tricky question. slreno1217 12-16-2004, 02:25 PM we are in a chapter 13, we have a van that we have secured through gmac, we fell behind in our payments like a year and a half ago. been current every since for about a year now without missing a paymen. my attorney is filing a motion to temporary suspend payments due to a lay off from work it is a 90 day suspension. well gmac has a agreed entry in this case that if we miss another payment then gmac attorney has to send us a 10 day notice to get payments caught back up or they get automatic relief from stay without a hearing. well question is. if we are granted the temporary suspension of payments because of the lay off from work can gmac still go after the agreed entry even though the judge and the trustee granted the temporary suspension. or will the temporary suspension overide the agreed entry. HRx 12-20-2004, 06:06 PM we are in a chapter 13, we have a van that we have secured through gmac, we fell behind in our payments like a year and a half ago. been current every since for about a year now without missing a paymen. my attorney is filing a motion to temporary suspend payments due to a lay off from work it is a 90 day suspension. well gmac has a agreed entry in this case that if we miss another payment then gmac attorney has to send us a 10 day notice to get payments caught back up or they get automatic relief from stay without a hearing. well question is. if we are granted the temporary suspension of payments because of the lay off from work can gmac still go after the agreed entry even though the judge and the trustee granted the temporary suspension. or will the temporary suspension overide the agreed entry. The answer is yes and no. It really all depends on how cooperative the lien holder is willing to be under these circumstances. Good Luck! :)