If I have filed a motion to vacate a dismissal of chapter 13 and my court date was scheduled for April 24 2009 and the car company had a recovery company to take my car, even when presented with court documents extending my stay until my court day. Where they allowed to do that?
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Let's back up a bit.
If I am reading you correctly.
1. Your Chapter 13 was dismissed at some point.
2. You filed a Motion to Reinstate your Case.
3. As part of that Motion, you requested that the court grant a Temporary Automatic Stay until your hearing on the Motion to Reinstate the case, correct?
Ok, did you actually get a court order regarding the Temp. Auto Stay.
Whether you can get the car back will depend on timing.
Upon dismissal, the Auto Stay is terminated. When did you file your Motion and when did you get a court order to extend the Stay. If the Recovery Company snagged the car after dismissal but before you got your temporary stay order, you are out of luck. -
I received an extented stay on my chapter 13 before they got my car and showed the police the motion of extention until my court hearing to vacate the dismissal order and to have my case reinstatedComment
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