Motion to Lift Automatic Stay

[2much]

I just had my 341 meeting last week and today I received a Motion to Lift Automatic Stay from the vehicle finance company. I had surrendered the vehicle a month prior to my filing for BK. I am in a Chapter 13 BTW. I loved the truck, but could no longer afford it so now I'm confused on why they would file a motion when I have already surrendered the car and this is stated in my BK filing. Anyone have any ideas how this works? I have to wait until Monday to talk to my lawyer and this is stressing me out

[rrockinggramma]

they have to lift the stay to sell it off at auction

[lrprn]

I just had my 341 meeting last week and today I received a Motion to Lift Automatic Stay from the vehicle finance company.

Just curious....you received this on a Sunday?

I had surrendered the vehicle a month prior to my filing for BK. I am in a Chapter 13 BTW. I loved the truck, but could no longer afford it so now I'm confused on why they would file a motion when I have already surrendered the car and this is stated in my BK filing. Anyone have any ideas how this works?

Since this car is included in your Ch 13 (even with the notation you intend to surrender it), the car's lender can't repossess the vehicle until they petition the court to lift your automatic stay so they can take the car.

Since you want to surrender the vehicle, there's nothing to worry about here. Just routine bk court process, that's all.

Do call your lawyer tomorrow (Monday) to let him/her know you received the motion.