top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Ford credit filed motion to lift automatic stay

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Ford credit filed motion to lift automatic stay

    So I'm kind of freaking out. We finally filed last weeks after waiting nearly 2 months for our lawyer to get our petition together. We had a lease with Ford Credit that we surrendered before we filed. Now I just got a notice that they have requested relief from the automatic stay and I quote

    "8. Ford Motor requests relief from the automatic stay pursuant to 11 U.S.C.
    § 362(d)(2) because Debtors have no equity in the Vehicle, and the Vehicle is not necessary for an effective reorganization.

    9. Ford Motor further requests that this Court’s Order specifically waive the fourteen (14)-day stay under Bankruptcy Rule 4001(a)(3).

    WHEREFORE, Ford Motor Credit Company LLC requests that this Court enter its order granting Ford Motor Credit LLC relief from the automatic stay so it may exercise its non- bankruptcy law remedies and waiving the stay provided under Bankruptcy Rule 4001(a)(3), together with such other, further, or different relief as the Court may deem just, proper, and equitable."

    Any idea what the heck this means?? I don't have the car anymore so I have no idea why they're doing this. I emailed by lawyer, but I'm not holding my breathe on a response.

    #2
    This is definitely something your lawyer should take care of.
    Latent car nut.

    Comment


      #3
      Since you surrendered before filing, Ford must not have actually auctioned/sold the vehicle. They are being highly conservative and making sure that they have leave of the court, and the automatic stay, to continue processing the technical repossession.

      Nothing to worry about. Your attorney will likely do nothing.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        JB's analysis is spot on. Creditor cannot dispose of the vehicle until the stay is lifted. Nothing for you to do or worry about.

        Des.

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X