Since we are not reaffirming

[MomIcantFindmy]

our autos I would think that Cap 1 would have to ask for the stay to be lifted to collect the cars....is that correct? or they can collect them after the discharge is entered....if someone knows if I am correct here that would be great.

I am watching pacer and trying to determine when we will lose the cars. We are current and the first missed payment will be Aug 24th.

[kimba251]

I know for us they had to have the stay lifted to repo it but we were still in the 60 day timeframe. I'm not sure what happens after the discharge though. We were 2 months behind begore they came for it too.

We filed May 9th and they just came for it about 3 weeks ago. I called for them to pick it up but they had to go through court for stay to be granted even with my permission. It took about 2.5 months from filing to pick up. I bet it would have taken even longer if I had not called them.

Since you are current it could take even longer. Why would they want to come get it when you haven't/hadn't stopped paying for it KWIM they want to keep getting that money form you. Once you miss payments it will be a different story.

Did your lawyer advise you to keep payments up even though you aren't keeping it?

[MomIcantFindmy]

No we just recently decided not to keep it and I wondered how many car payments I could bank to buy a used car before they came to get it. I would hope that I will get discharged very soon...as this is taking FOREVER. (and making me nervous too)

[kimba251]

I'd ask your lawyer because they will know the timeframe for your area and how boogled the courts are. I bet their answer will be the most accurate especially since you could be without a car if it happens different than anyone on here.

[momof5]

We are 17 days from discharge. The representative from the Credit Union we have our car loan said they wont do anything until after discharge. I imagine they wouldnt bother with filing for a lift of stay with less than 3 weeks to go. He said after discharge they would call us to arrange surrender of the vehicle. He said it would probably be about 3 to 4 weeks after discharge before we have to let the car go.

We are also current, well sort of now, as I missed this month which was due the 4th.

[JRScott]

Since its late in the game as mom says they'll probably wait for a discharge on your case then come get the cars since they do not have to pay to lift the stay that way

Probably lose it within a month after that.

[MomIcantFindmy]

Should I try to call after discharge and arrange pickup?

[JRScott]

You could if you wanted.

[BnkrptcyLwyr]

our autos I would think that Cap 1 would have to ask for the stay to be lifted to collect the cars....is that correct? or they can collect them after the discharge is entered....if someone knows if I am correct here that would be great.

I am watching pacer and trying to determine when we will lose the cars. We are current and the first missed payment will be Aug 24th.

Generally, you are right that a creditor will have to file a motion to lift the stay.

However, the stay can be lifted automatically. Did you list on your "statement of intent" that you would surrender the vehicle? If so, then the stay is automatically lifted under 11 USC 362(h). Also, 11 USC 521(a)(2)(B) says that you must perform your intent within 30 days after the meeting of creditors.

Usually a creditor (if they're smart, and just to be safe) will file a motion to lift the stay even if the stay might be automatically lifted.

Finally, the stay does end eventually no matter what, but its not when you receive your "discharge," it is when the case is "closed." 11 USC 362(c)(2)(A). The two events are not the same. You will receive your discharge first, and then the case will be closed. Sometimes its closed shortly after you receive the discharge, sometimes its longer.