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    Ford Motor - Relief From Stay

    Ok, here is my situation. This is my first time in the last 18 months of my Chapter 13 that I am really worried. Everything has been smooth sailing until....

    Ford Credit hired a lawyer, who filed a Relief From Stay, saying that they had not received any payments on the vehicle over the life of the Chapter 13 (18 months). Part of the value of the car is secured, part is unsecured. They also wanted proof of insurance. No problems there. My laywer quickly followed up with a response, saying that I had made every payment on my plan, was completely current and it was up to the Trustee to decide when to pay, the case was confirmed, they had a chance to object before it was confirmed, etc etc etc And I have proof of insurance, so no problems, right?

    Well yesterday, we got a "Reponse to Debtors Response for Relief Of Stay" from this lawyer.
    First, he is claiming that, in fact, we are deliquent in our Chapter 13 payments, which is COMPLETELY FALSE. He provided some ridiculous table showing what he thinks we SHOULD have paid into the Chapter and what we actually have paid. If were were behind, the Trustee would terminate our plan. I don't know how they can accuse of that - my payment is taken out each month via payroll deduction. I have NEVER EVER been late. I am eating out of soup cans to avoid being late!!!!
    Second, they are claiming that since originally, my mortgage was not in the plan and they were a Class 1 creditor, meaning they would be paid first, they never objected. The plan was modified a few times, but they never objected because they always remained a Secured, Clas 1 creditor. However, in February of 2005, my mortgage company filed a petition to be included in the Chapter 13 (due to being one month behind) and this was granted. Ford says they NEVER received notification of this modification and that this moved the Mortgage up to Class 1 and then down to Class 2. And they have never received any money from the Trustee yet. Because of this, they say it raises an "interesting question of whether or not a Trustree can decide not to pay Ford Credit, especially since the car is a depreciating asset." They request relief from Stay and demand possession of the vehicle.

    Now...help me out here. Isn't the point of a Chapter 13 to protect these assets? I have NEVER been late paying the Trustee, EVER. In 18 months. Some months, I even pay early!!!! How is it my fault that the Trustee has not paid Ford Credit? I have ZERO control over it....the Trustee gets my money and what he does after that is beyond my control.

    Has anyone heard of this? My lawyer seemed to be a littler nervous and told me he "was working with Ford" and would get back to me.

    This is like kicking me when I am down...it is bad enough to be living paycheck to paycheck like this, but I have held up my end and paid my 13. Can they really take my car?? Will the Court even give this any weight???

    Any help would be appreciated and sorry for the long post!!
    Date Filed: 12/19/2004
    341 Meeting: 2/8/2005
    Date Case Confirmed: 7/12/2005
    Closed on Refinance/Chapter 13 Buyout 8/23/06

    #2
    Why is your lawyer working with Ford?
    He should be dumping this right on the trustee's desk, who may or may not have notified Ford that they were not first in line to get paid.
    Poor Ford, looks like they are pissed due to the fact that they arn't getting their hands in the cookie jar first.
    You have done nothing wrong, and if anyone has messed up, it's the trustee who should be stepping in and putting an end to yet another utterly useless, annoying waste of time from a huge faceless company that makes sub standard, shit vehicles.
    I'd call your trustte and ask what he or she is doing to clean this mess up.
    Keep up your end of the deal, and be proud your making your way through your 13 plan to the end. Good Luck,
    JAY
    Tonka Truck
    Last edited by FDNYLadder124; 04-13-2006, 08:07 AM.

    Comment


      #3
      Actually, it was the paralegal who I spoke with. I asked to speak with the Attorney and she put me on hold...said my lawyer knew about this issue and was "working with Ford".....who knows if she said it correctly. My lawyer, over the last 18 months, has been really really good, so I am confident he is doing something.

      I just can't figure out why Ford would even bother. What do they plan to do with the car anyway? It has 120K on it, it is in rough shape. They will get more from the secured debt payment that was filed than they will be repossessing it and selling it!

      I feel like an experiment for some lawyer who thinks he found a loophole in the Bankruptcy Laws or something. LOL

      I didn't think I did anything wrong and I do feel like the lawyer is just pissing and moaning when he complains about Ford not being paid yet. But what really ticks me off is saying that I am BEHIND in payments. It is a total outright lie, practically slander, if you ask me.

      Maybe I can turn around and sue the lawyer for slander and defamation of character?? LOL
      Date Filed: 12/19/2004
      341 Meeting: 2/8/2005
      Date Case Confirmed: 7/12/2005
      Closed on Refinance/Chapter 13 Buyout 8/23/06

      Comment


        #4
        Now I'm a little worried. Ford has filed an objection to confirmation of our plan. We were a couple of payments behind --ON THE ADVICE OF OUR LAWYER! Ford also immediately filed a relief of stay, but the Trustee objected to it.

        We will be paying Ford more than the stupid thing is worth. I don't understand, but you can bet I will immediately follow up with our attorney!

        Good luck to you and keep me posted. I will let you know what I find out, too.
        Filed: 2/24/2006
        341 mtg: 4/4/2006:angel:
        Discharged: 9/25/08!!!!!:yahoo::yahoo::yahoo::yahoo::yahoo:

        Comment


          #5
          [QUOTE=jane taylor] We will be paying Ford more than the stupid thing is worth. I don't understand, but you can bet I will immediately follow up with our attorney!
          QUOTE]

          That is my point...they will be getting just over $3,000 secured from the court through the BK. If they take it back and sell it, the blue book is now around $2,200.

          I don't get it...sometimes, I think they are just sitting in a board room with my picture up on a screen, laughing.
          Date Filed: 12/19/2004
          341 Meeting: 2/8/2005
          Date Case Confirmed: 7/12/2005
          Closed on Refinance/Chapter 13 Buyout 8/23/06

          Comment


            #6
            *** UPDATE ***

            I got a letter in the mail on Friday from the Court, saying that a Court Date had been scheduled for May 3rd at 9am. Both parties have to come and present their side of the case.

            Does anyone really think Ford has a case???? I mean, I have paid every single month, NEVER LATE (sometimes even early!). It is not my fault if the Trustee has not distributed money to Ford Credit.
            If the judge rules in favor of Ford Credit, than any creditor at any time could file for relief of stay based on non-payment from the Trustee!
            Date Filed: 12/19/2004
            341 Meeting: 2/8/2005
            Date Case Confirmed: 7/12/2005
            Closed on Refinance/Chapter 13 Buyout 8/23/06

            Comment


              #7
              Interesting thread..to the original poster..Do you know who was responsible for sending the notification of your Chapter 13 plan modification to Ford? If it was your lawyer, I can see why he is squirming a bit. You have been paying for over a year, do you know where that money has gone? Can you tell by looking at balances which accounts have been paid? Hopefully this is all just a big mix-up and you are going to come out fine....
              NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

              Comment


                #8
                The plan is what it is, once it is confirmed, the trustee takes over the distribution of funds. If your trustee has a website, you can log in and see how the funds have been distributed.

                I take exception to FDNY's claim that Ford builds shitty vehicals. The foreign companies are not building much better, but preception is everything. I work in a plant that builds Mazda and Fords. Kinda funny how much better the warranty is on the Mazda than the ford, same assembly line, same parts, just differnt sheet metal. Just seems people are so confident that there jap car is good, they never take it in to a dealer to get fixed.

                When Ford and GM are gone, it means we'll all be having sushi bars in our grocery stores.
                Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
                Plan Confirmation 6/16/06 :yahoo:
                Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

                Comment


                  #9
                  **** UPDATE ***

                  Another update! I spoke with my lawyer yesterday on the phone. He said I have done NOTHING wrong, we are completely current on payments. He said this lawyer is a "jerk" who has submitted this same claim against anyone with a Ford Credit account through the Dayton, OH Trustee Office. My lawyer said "he is mad at the system, not you."
                  Apparently, my Trustee is not quick at sending out the money. Heck, I can see that by looking at the NDC website. In 18 months, the Trustee has only paid his fee, my lawyer fee and the mortgage payments.
                  But, as my lawyer said, that is not my fault. He said not to worry about it. He heard that the court was mad at this lawyer anyway, for filing this same claim against everyone.

                  But I am still insulted that the lawyer filed a claim with the court stating I was behind on my Chapter 13 payments. It is a flat-out lie. Think I should sue him for defamation or something? ;)
                  Date Filed: 12/19/2004
                  341 Meeting: 2/8/2005
                  Date Case Confirmed: 7/12/2005
                  Closed on Refinance/Chapter 13 Buyout 8/23/06

                  Comment


                    #10
                    Originally posted by aa06a47
                    The plan is what it is, once it is confirmed, the trustee takes over the distribution of funds. If your trustee has a website, you can log in and see how the funds have been distributed.

                    I take exception to FDNY's claim that Ford builds shitty vehicals. The foreign companies are not building much better, but preception is everything. I work in a plant that builds Mazda and Fords. Kinda funny how much better the warranty is on the Mazda than the ford, same assembly line, same parts, just differnt sheet metal. Just seems people are so confident that there jap car is good, they never take it in to a dealer to get fixed.

                    When Ford and GM are gone, it means we'll all be having sushi bars in our grocery stores.
                    By the way, both of my vehicles are from Ford and I could not be happier with either one of them!! They get good gas mileage, require little maintenance and besides this recent Chapter 13 issue with Ford, when I was NOT in a chapter 13, Ford Credit was great to deal with.
                    Date Filed: 12/19/2004
                    341 Meeting: 2/8/2005
                    Date Case Confirmed: 7/12/2005
                    Closed on Refinance/Chapter 13 Buyout 8/23/06

                    Comment


                      #11
                      What is more irritating is this attny filing his frivolous claims is costing people time and money needlessly. You're Ch 13 so your attny fee is paid. What about the folks who file 7's?? They'd have to pay the attny extra to handle the adversarial for them! And I'm sure your attny would much rather meet with a new client than to have to appear in Court with you to settle this dispute.

                      Ford should get a grip on this. This guy is bad PR for the company.

                      That attny is PO'ing Judges, Trustees, Court Personnel, customers. And you gotta know word is traveling thru the Court House amongst Clerks, and Secretaries, and Receptionists. Who then pass this stuff on to family, neighbors, and friends.

                      The attny doesn't get the black eye in this deal. Ford does.
                      Filed Ch 7 - 09/06
                      Discharged - 12/2006
                      Officially Declared No Asset - 03/2007
                      Closed - 04/2007

                      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                      Comment


                        #12
                        Originally posted by SinkingFast
                        What is more irritating is this attny filing his frivolous claims is costing people time and money needlessly. You're Ch 13 so your attny fee is paid. What about the folks who file 7's?? They'd have to pay the attny extra to handle the adversarial for them! And I'm sure your attny would much rather meet with a new client than to have to appear in Court with you to settle this dispute.

                        Ford should get a grip on this. This guy is bad PR for the company.

                        That attny is PO'ing Judges, Trustees, Court Personnel, customers. And you gotta know word is traveling thru the Court House amongst Clerks, and Secretaries, and Receptionists. Who then pass this stuff on to family, neighbors, and friends.

                        The attny doesn't get the black eye in this deal. Ford does.

                        I could not agree more, believe me. What ticks me off is the fact that they are even messing with me. The car is only worth $2,500 blue book, it has 120,000 miles on it. I wasn't even behind on the car payments when I filed! It just seems like petty crap, you know? I feel bad enough about being in a Chapter 13 and I am struggling something awful. But I always make my Chapter 13 payments and I am committed to sticking it out until the end.

                        Aren't there some bigger fish to fry than me????
                        Date Filed: 12/19/2004
                        341 Meeting: 2/8/2005
                        Date Case Confirmed: 7/12/2005
                        Closed on Refinance/Chapter 13 Buyout 8/23/06

                        Comment


                          #13
                          Don't know if this is the same attorney listed on Ford's claim for you as on ours, but our attorney says they are arguing over the value of our vehicle and not to worry. Easy for him to say--he's not the one in the Ch. 13!!!
                          Filed: 2/24/2006
                          341 mtg: 4/4/2006:angel:
                          Discharged: 9/25/08!!!!!:yahoo::yahoo::yahoo::yahoo::yahoo:

                          Comment


                            #14
                            Originally posted by jane taylor
                            Don't know if this is the same attorney listed on Ford's claim for you as on ours, but our attorney says they are arguing over the value of our vehicle and not to worry. Easy for him to say--he's not the one in the Ch. 13!!!
                            Is the Attorney John Schuh?
                            Date Filed: 12/19/2004
                            341 Meeting: 2/8/2005
                            Date Case Confirmed: 7/12/2005
                            Closed on Refinance/Chapter 13 Buyout 8/23/06

                            Comment

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