Do I Have To Attend The Hearing??

[loko2012]

Hi Forum,

My car creditor filed a relief of the automatic stay. The court date is Monday, Aug. 18th. However, I have made arragements to have the car picked up on Friday, Aug. 15th.

Do I still need to attend the hearing? Or should I just call the attorney representing Honda and let him know I turned the car in? I am about 10 days from final objections to the discharge and dont want to take an unnecessary day off of work.

[Martha13]

Hi there, We had the same thing happen, and it was even after we had surrendered the car. Our atty explained that was just the legal motion they needed in order for the car company to then be able to turn around and sell the car (or in your case, proceed with getting it). We were advised we didn't need to attend the hearing, in fact, he said no one does--it's like on auto-pilot or something. If you're turning it in before the court date, I wouldn't even bother making a phone call, it won't change the fact that the date is set to lift the stay.

[AngelinaCat]

Make sure you get a signed reciept from whomever picks up the car. Do a walkaround and point out any dings or nicks and have him sign off on it. Also take pictures inside and out for your protection. Once the car is picked up, the hearing should be moot, and will probably be a non-issue.

Good luck!

[loko2012]

Thanks!!

[AngelinaCatHub]

I actually called the CU that made the loan I STUPIDLY SIGNED for a friend, as I would drive it to where they wished. The CU told me they have a service that does that and the conversation was very nice. I even made arraingements to open my gate to help the person get the unit. He was nice and gave me a reciept and signe my paper that he looked the car over and found no damage. I don't think you have a problem. 'Hub

[Cali]

Today was the hearing for relief of stay for the SUV am giving back. I didn't go and my attorney didn't either. They can come get it whenever they want it. I haven't paid on it since March.

[loko2012]

I feel you......it is a lot easier when you DONT want the car anymore..

[Cali]

Even before we came to the conclusion of filing, I was thinking of getting rid of the SUV and getting a car. And since filing, we figured it was better to keep the truck instead of the SUV. They are both new vehicles but the SUV is prem only gas.

Both of the vehicles are financed by the same company.

I feel you......it is a lot easier when you DONT want the car anymore..

[yorkin]

why do you have to note any damage???

[Mi Bankruptcy]

Some people are malicious and would rather destroy the property because they have to give it back. So, if the person is malicious and they destroy the property or in this case the vehicle. The finance company may try to sue the individual to fix the damages in order to resell the repossessed vehicle. Just to "CYA" or another way to cover your butt. You definately don't want to be paying damages on vehicle that you turned over in good working order.

[AngelinaCatHub]

why do you have to note any damage???

523(a)(6) a discharge can be stopped for malicius reasons. You want to turn it in in the best shape it can be. NO, not detailed just get your stuff out and give the man the keys by courtesy. They will mark on your paper work that it was surrendered rather than repoed. 'Hub

[laurannm]

Hi Loko,

Not to hijack the thread, but did you ever get that UST Statement of Unable to Determine Abuse cleared up?