bank filed for lift of stay on my car

[Bobbi]

on the 7th, and they are so stupid, because i filed intention to surrender, and they filed the lift of stay a few days later...the teeheehee is that my 341 is set for 2/26 and their court date is the morning before, so basically, they wasted their money, because they could have had the car back after the 341 anyway....gotta love americredit

[lrprn]

on the 7th, and they are so stupid, because i filed intention to surrender, and they filed the lift of stay a few days later...the teeheehee is that my 341 is set for 2/26 and their court date is the morning before, so basically, they wasted their money, because they could have had the car back after the 341 anyway....gotta love americredit

Actually your lender is required to file the lift of stay with the court so you can surrender the car to them. That's how the bankruptcy process works.

[Bobbi]

Actually your lender is required to file the lift of stay with the court so you can surrender the car to them. That's how the bankruptcy process works.

the trustee said all they had to do was wait for the 341 and the stay lifts automatically........

[lrprn]

the trustee said all they had to do was wait for the 341 and the stay lifts automatically........

Interesting because the current bk law states the automatic stay is in place until your discharge. Otherwise all your creditors could come back asking for payment after your 341 meeting.

Perhaps this is something that's a process in your local court when filers express intent to surrender assets to save legal paperwork??

[Bobbi]

Interesting because the current bk law states the automatic stay is in place until your discharge. Otherwise all your creditors could come back asking for payment after your 341 meeting.

Perhaps this is something that's a process in your local court when filers express intent to surrender assets to save legal paperwork??

i know if you state intention to surrender, the trustee has the power to life the stay on secured items. I guess that is what he meant. he said we could have reached that agreement shortly after the 341 was held, they could have saved the paperwork. I am prose, so I read as I go, lol......but I thought it was kinda funny that they put the cart before the horse, considering the trustee told them that the day he got the paperwork, lmao......i dunno, i am ready to be rid of it anyway.

it won't go for crap at auction, it was built wrong and it has beenin the shop 29 times in the 10 months i have owned it, its a piece of crap, lol....