Relief from stay on AUTO????
Hi all...I'm so confused about this deal I received in the mail yesterday. We had surrendered our vehicles, one was my husband's car, with about $26k owed on it, and a value of around $15k, which we listed in our filing (both the value, and that we were giving it up.) We actually had to wait until we had a case # to do so, as the company wouldn't accept it until then. Fine, all said and done, we assumed that would be that. Yesterday in the mail we receive a filing for relief of stay for the car, from an attorney's office. It lists right on there that we surrendered the car. What in the heck are they trying to do here? There is a motion date set of Aug 19th (our 341 is Aug 5th). I called our atty's office and spoke w/the paralegal, they hadn't received their cc yet, but found it really odd...said they would call us if anything needed to be done. I tried to wade thru all the legal mumbo-jumbo but I just can't get it--we turned the car in, the difference in value/amount owed is exactly WHY we did it, and as far as I knew in a Ch 7, that amount would be discharged. Am I missing something here? Thanks!
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This is the norm for a house so the lender can expedite the foreclosure process, but for a car?! Maybe they have to request relief from stay to be legally able to sell the car since you surrendered it so early in the BK process? Whatever the reason, the judge will carefully consider the motion before it's granted. -
[QUOTE=Help!;179549]This is the norm for a house so the lender can expedite the foreclosure process, but for a car?!
Exactly, Help! I was actually hoping it was from the mortgage company so we could get that dang thing going..but I was stunned to see the car company. I wish I had it with me..it kept making references to returning the vehicle, but yet as I mentioned, said right on the 1st page, that we'd already done so. Huh. The p-legal said it sounded like "the right hand doesn't know what the left hand is doing.." kind of thing, but it still makes me nervous...it was all movant this, debtor that..and nothing made much sense. Yeesh.
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They need to file the relief of stay motion in order to 'repo' the vehicle (even if you have already turned it in.) Without it, it appears they are in violation of the stay order, and apparently they want to start this process sooner rather than later, I'm guessing.
And of course, the office that processes the paperwork has no clue where he car would be located....Comment
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