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Credit Union Files for Relief of Stay & Questions

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    Credit Union Files for Relief of Stay & Questions

    So here I am 14 days from the last date for objections and the Credit Union decided to file for Relief of Stay. We just talked to them Thursday and they were not going to do this as it was so close to discharge. We WANTED to give the car back ASAP (previous thread).

    Well heres the problem.. in this request for relief of stay there is some wording suggesting that my husband and I be responsible for attorney fees. Is this even possible?

    First of all I dont know why I got my own seperate notice on the relief of stay from the Credit Union Attorneys(private law firm...probably cost them a fortune) as I am NOT on the loan for the vehicle. The hearing for this is the 20th and our last date for objections is the 24th. Seems absolutely ridiculious.

    My question is can they really charge us attorney fees for this? Or is that just a little extra muscle power they like to show?

    Also will we be liable for the difference of what it sells for and what we owe?

    There is no way they will get more than a couple thousand but the NADA says its worth $7200. We owe $8900. It has quite a few dings and a bit of rust starting around the wheel wells. Also had a pool chlorine accident a couple months ago that leaked from a bottle and left a huge bleach stain in the carpeting.
    Will they try and recoup money from us for all this?

    I just dont trust these people. Amazing how this Credit Union is glorified in the community yet make life a living hell for those same people in the community who have filed BK.

    Thanks for your help!
    5/29 Filed 7~ 341-on 6/24
    8/27-DISCHARGED
    11/2 - CLOSED
    EQ-604 EX-605 TU-560 ~4.5 months after discharge

    #2
    If I recall ‘mom, you are 7? They get the release so they can repo the car. If 7 I don’t think you will be charged their lawyers fees. As far as the damage to the car, they get what they get. Where you going to pay through or let it go? ‘Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      We filed that we were going to reaffirm BUT they have given us such a difficult time and added in extra fees that we decided to surrender. Our attorneys office sent them a letter that they received about 5 days ago. We talked to them on Thursday as we want to surrender it soon. It just seems so odd to go through all this trouble for a difference of 4-6 days. Date of hearing vs discharge.
      5/29 Filed 7~ 341-on 6/24
      8/27-DISCHARGED
      11/2 - CLOSED
      EQ-604 EX-605 TU-560 ~4.5 months after discharge

      Comment


        #4
        You have no liability for any legal fees or, deficiency balance.

        Comment

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