Relief of Stay Question

[shellbell]

Good morning! I have a question I am hoping I can have answered quickly. Here's my scenario. I have posted about this Chapter "20" status before.

1. Back in 2005, I filed for Chapter 7. Before I got discharged, a Auto Creditor asked for a Relief of Stay. It was for a vehicle I had that I was leasing. My attorney advised me to give permission for the relief of stay because I decided to surrender the truck.

2. After all that, I was finally granted my discharge in March of 2006.

3. Along comes August 2006 and I now file for Chapter 13. The same Auto Creditor I gave the truck back to files a claim for this for $18,000.

4. My question, Do I have to pay this?

Thanks!

[AngelinaCatHub]

I assume it was discharged in your 7. You cannot 'double dip' so I don't see this happening. they are attempting to recover what was discharged. 'Hub

[shellbell]

That is what I thought. Even if they filed a claim, the Trustee can deny it correct? It is listed on my creditors thru 13network.com but I am in my 55th payment and the Trustee hasn't dispersed anything to them.

[despritfreya]

Shellbell,

Your Trustee is not likely to file an objection to the claim. He typically only does objections if the claims are late or duplicates. To be sure about this, call the Trustee. My guess is that you need to file an objection to the claim. The debt was discharged in the 7. You would attach a copy of the 7 MML, Schedule G and the Discharge to the objection.

Des.

[AngelinaCatHub]

Shellbell,

Your Trustee is not likely to file an objection to the claim. He typically only does objections if the claims are late or duplicates. To be sure about this, call the Trustee. My guess is that you need to file an objection to the claim. The debt was discharged in the 7. You would attach a copy of the 7 MML, Schedule G and the Discharge to the objection.

Des.

So Des, my conjecture was correct, right? 'Hub

[despritfreya]

So Des, my conjecture was correct, right? 'Hub

Yes.

Des.

[shellbell]

Thank you!!

[shellbell]

also, what is an MML???

[despritfreya]

also, what is an MML???

Oh, sorry, Master Mailing List

Des.

[shellbell]

thank u!! ;)