Motion of Stay

[rockbottom]

I have a question. Our lease co. filed a relief from motion of stay, it's dated the 9/21/05, and they have a hearing set for 10/18/05. My question is, our creditor deadline is 10/3/05, so we were hoping to get discharged by the end of Oct. Since the court date isn't until 10/18, is that going to delay the process for discharge..... and also, since they filed that, can they come after us anytime to get the leased car, or do they have to wait until 10/18?

thanks for any input you might have!

[StaciMM]

Discharge is normally 60 days after your 341 (which is normally 30 days after you filed).

As far as I know, nothing can happen until the hearing. Filing it doesn't life the stay, the BK court has to agree to it.

[HHM]

Generally, the discharge will still occur on time as it is entered administratively in most areas. But you case will remain open.

The lease company can get their car in two ways, (1) if the discharge is entered on October 3, that lifts the stay anyway, so they could get anytime after that, or (2) they can wait until the Lift Stay hearing, and if the motion is granted, they can take the car anytime after that.

[rockbottom]

Staci-? for you

Thank you for your help. I hope they wait until the meeting, because that's our only car and we needed to get our discharge papers to get another car! yikes, this is so stressful!!!!!!!!!!!!!!!!!!!!!!

Staci, did you say that you found places for car loans? Do they need a discharge paper or will they do the loan when the bk hasn't been discharged??