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    Relief of Stay Filed

    Ok so Ford Motor Company filed yesterday for relief of stay. That is fine with us. We have told them for the past month to come and get it. Anyway so my question is how long before someone calls to come get it? How long before a judge grants the relief of stay? The car is not here at my house so I will have to be able to go pick it up because they will never find it where it is parked currently. Any ideas from people who have experienced this would be great.
    Filed Jan 23rd, 2009
    341 meeting--February 24th--Went smooth
    :yahoo::yahoo:
    Discharged may 12th--had to call the court clerk!!:clapping::yahoo::yahoo::

    #2
    Originally posted by okiebk09 View Post
    Ok so Ford Motor Company filed yesterday for relief of stay. That is fine with us. We have told them for the past month to come and get it. Anyway so my question is how long before someone calls to come get it? How long before a judge grants the relief of stay? The car is not here at my house so I will have to be able to go pick it up because they will never find it where it is parked currently. Any ideas from people who have experienced this would be great.
    Generally, a relief from the automatic stay has to be answered within 21 days. They assign a court date. Then you don't need to show up (unless objecting to it). Then they get the relief granted.

    So, it's at least 21 days before they can get the car.

    You may want to call your lender and suggest you drop it off at a Ford dealer... after the order is granted.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Yes we will take it wherever they say to. We offered to do that prior to filing but they never would tell us what to do with it. Sometimes you wonder about these companies who hound you with calls when you are late on a payment but as soon as you tell them to come and get it they stop calling and never come get it. Or they say "I have to have a supervisor call you back on that". I don't get it. Such a backward way of thinking. We trie dto save them the time and hassel of hiring an attorney etc but they never would tell us where they wanted it dropped off at. Oh well. Just more wasted money on their part.
      Filed Jan 23rd, 2009
      341 meeting--February 24th--Went smooth
      :yahoo::yahoo:
      Discharged may 12th--had to call the court clerk!!:clapping::yahoo::yahoo::

      Comment


        #4
        Originally posted by okiebk09 View Post
        Yes we will take it wherever they say to. We offered to do that prior to filing but they never would tell us what to do with it. Sometimes you wonder about these companies who hound you with calls when you are late on a payment but as soon as you tell them to come and get it they stop calling and never come get it. Or they say "I have to have a supervisor call you back on that". I don't get it. Such a backward way of thinking. We trie dto save them the time and hassel of hiring an attorney etc but they never would tell us where they wanted it dropped off at. Oh well. Just more wasted money on their part.
        I dealt with Ford credit in my case also. They filed for Relief from the stay, but until I arranged for another vehicle i frankly didn't know whether I wanted to give it back or reaffirm. My atty put them off some how. After I got another car, my atty let Ford credit's law firm know that I wanted to give back the vehicle. They still wouldn't come and get it until the court gave them an official lift of stay. Even then, the truck sat in my driveway until after my discharge was issued. Then finally it simply disappeared one day...I do agree also that these companies are kinda backward in their thinking. Ford Credit had many opportunities to work something out with me; and very likely they would have realized much more money than how things turned out. My truck loan was like $12k upside down--and they apparantly felt that they'd rather take that loss than re-work my loan to a lower payment. I'm no accountant, but I can easily see how these folks have painted themselves in to corners.

        Comment

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