Automatic stay question

[kjc]

Brief run down of what I am going through. I had to apply for chapter 7 and I am loosing everything that I have due to poor planning and the fact I can not get a job. Literally, nobody will hire me. I'm either over qualified or under qualified. I can't work for anything less than $30,000 a year, but I guess that is soon to change. As like most people in my situation, I never would have thought it would be like this. I have finally have to come to terms with my position and can not wait to turn things around and start building what I have lost or in the process of loosing. Now to my question. By the way, I can not afford an attorney, so I am on my own.

I just got a letter in the mail today stating Motion to Terminate The Automtic Stay Filed by DaimlerChrysler Financial Services regarding both my vehicles. I including the one vehicle in the banruptcy, but need to keep the other one so when I get a job, I can get there. I was behind on both of them on payments, but I just made a payment on my truck (the one I want to keep). The woman on the phone told me that would satisfy my account for now. I guess she was wrong. What does this letter mean. I think it is telling me that they were in motion to seizing my two cars and this letter is trying to stop that motion. It says I have 20 days to file an objection. I don't know what I need to do. Can anybody please help me. I don't want to loose my truck. It is the only thing that I will have left! Thanks in advance.

[JRScott]

Okay I hope one of the folks that's dealt with this will come by and help you.

They are requesting the automatic stay to be lifted so that they can continue collection efforts or to repossess the vehicles.

It is likely if you can keep the truck current they'll let you keep it.

When you filed, did you file an intent to surrender the one vehicle and to keep the other. Also as a pro se filer you will need to file a reaffirmation agreement with the court. You should call them and ask for a reaffirmation paper for the truck. This you will have to file with the court, and you will since you filed Pro Se have to appear in court to get this accepted.

Usually if you are objecting to them lifting the stay I think you have to show why it shouldn't be lifted. I wish I knew more I didn't have anything to surrender, hopefully one of the others that knows more will come by to help

[kjc]

Do you know if I have to file this before the 341 meeting? Or does it matter?

[Minnymouth]

Usually the reaffirm is filled out brought to the 341 and signed at the 341 meeting... with the trustee. Often a representative of the car dealership will also attend this meeting to sign the paperwork. This all has to be filed and approved by the judge before the discharge.

[lrprn]

JR and Minny are right. Also you need to accept that it's unlikely you'll be allowed to keep two cars unless there's another licensed driver in your household that needs the second car.

If you have Legal Aid in your area, go to them immediately for help. They can help you file the appropriate court papers to deal with your car lender's request to continue repossession efforts and also sort out the mess you created when you filed on your own not understanding that your car payments had to be current when you filed.

We'll help you as much as we can, but you also need to get up to speed as quickly as possible on how to deal with this situation. Here's a few online links that discuss creditors trying to lift the automatic stay and what to do about it:

http://www.nolo.com/article.cfm/ObjectID/4BE808F4-9B20-4651-948A89E22FB63E4E/catID/462A9501-9B21-4E09-A08C5A7B8AF51A79/213/161/ART/

http://www.johndamato.com/automatic_stay.htm

http://mortgage-home-loan-bank-fraud.com/legal/Motion_to_Lift_Stays.htm

[kjc]

looking through my paperwork, on my statement of intention, it does say debt will be reaffirmed for my truck. does that mean on the day of the meeting i will have to sign papers stating that? I already tried one attorney to get fro representation and he wouldn't help since I already filed. I am not current with my payments but plan on being current next week.

[JRScott]

You'll need to get it current and then call the lien holder and tell them you do plan to reaffirm the truck. They should provide reaffirmation papers for you to look over and then you don't sign it until you are before the trustee at the 341.

Even after signing it because you are a pro se filer it will have to go before a judge and he might not allow it, depending on your situation. If that's the case it becomes a discharged debt later but the lienholder can take possession of the vehicle.