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New member here! (motion for relief from stay)

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    New member here! (motion for relief from stay)

    First of all, I never bothered to register before but the information in this forum helped me file pro se. But now I am looking for a little more specific help!

    The last day for objections to my case is September 4th. If all goes well, I would receive my discharge on the 5th. Today, Ford Credit filed a motion for relief from stay on the vehicle I am surrendering. The court date is scheduled for September 5th! This is the same date and time (even room number) that would be used if there were objections to my case. Does that mean my discharge will not be granted on the 5th? Why don't they just come get the car after I receive my discharge since that would automatically grant them relief?

    One other thing, it says (PACER is great!) that Ford "prays" for not only the vehicle, but costs of suit incurred herein, reasonable attorney fees, and for such and further relief as the court may deem just and proper. Does that mean I will have to pay for these costs?

    Thank you very much for the help!
    Last edited by Bryan16; 08-15-2007, 11:10 AM. Reason: dates

    #2
    Originally posted by Bryan16 View Post
    Today, Ford Credit filed a motion for relief from stay on the vehicle I am surrendering.
    Because of bankruptcy's automatic stay, Ford has to petition the court to lift the stay so they can take the vehicle you are surrendering. Just routine. And I don't recall any members ever saying they were charged for the lender's expenses to pick up a surrendered asset like a car. Check with your lawyer to be sure, but I'm thinking you're safe from any charges.
    Last edited by lrprn; 08-15-2007, 10:39 AM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      they can sk for the money but if no fraud incurred they wont get it they will get the vehicle and the debt will be discharged
      Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

      Comment


        #4
        Originally posted by lrprn View Post
        Because of bankruptcy's automatic stay, Ford has to petition the court to lift the stay so they can take the vehicle you are surrendering.
        But since I will receive my discharge on the same day they are requesting the relief, wouldn't the motion be pointless? I thought the automatic stay ended when the case is discharged.

        Comment


          #5
          Originally posted by familyof7 View Post
          they can sk for the money but if no fraud incurred they wont get it they will get the vehicle and the debt will be discharged
          Thanks for the reply! So the attorney and filing fees they ask for would be included in my BK?

          I just don't want to be stuck with a thousand or more dollars in debt after my BK! Becoming debt free was the whole idea in the first place

          Comment


            #6
            Yes they wil be included
            Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

            Comment

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