Car lender already filed for Relief From Stay, plus bank statement problems

[pdxgrrrl]

I filed Ch. 7 at the end of June and today I got papers from the bank that holds my car loan. I'm surrendering my car in my BK and the lender has already filed a Motion for Relief from Stay. The papers are dated July 2, but it looks like they want to pick up the car within 15 days of that day. I'm beyond shocked. I'm also scared, sad, and pissed off that they did this. I called my lawyer (whom I'm seeing tomorrow) and even he was surprised by how quickly the bank did this. He said it was the fastest he's seen a creditor file a Relief from Stay. How lucky I am???

I also went to the bank with whom I had an account closed on me a couple of days before filing. The account was overdrawn by about $600 and when I asked for a print-out of how much I owe, they told me I had a charged-off savings account that I'd forgotten about. Supposedly the account was closed in 2008 and the charge-off amount was $36. Per my lawyer's instructions, I went back through my old statements and I can't find anything regarding my savings account -- all my statements (which go back until the fall of 2007) show are my checking, checking account advance, and line of credit accounts. Is this going to cause a problem? I'm pretty sure the savings account was closed before June 2008 because I stopped putting money in the account months before then. And I find it odd that the bank wants $36 for the account -- this is the first I've heard of it.

I'm so stressed out. I also got a letter from a law firm who's collecting for a defaulted credit card. The notice is dated the day after I filed. I know they can't get anything from me, but still, what d$%ks.

[bkmaggster]

GMAC filed a motion from relief of stay on my car 6 days after I filed.

I guess with all the bankruptcies the car loan people are moving faster than ever before.

[justbroke]

First, they can't pick up the car within 15 days of the Motion. The date on that is eitehr a negative noticing date or it's a Hearing date. The notice gives you and yoru attorney time to respond to the Motion should you want to Objection to it.

I don't understand at all why your shocked and have liquids coming out of you. You stated that you were surrendering the vehicle. This is what surrendering looks like. Any lawyer who tells you it will be weeks, months before they do anything, just isn't being completely honest. The day you file, you should expect to actually surrender that car. Many debtors, including some posters on this forum, will immediately make arrangements to turn the car in after filing.

Don't worry about the charged-off account as you can just include that in your Bankruptcy. Don't worry about the law firm sending you a collection notice eitehr... it's all what we call pre-petition debt and will be discharged. Just make sure the original creditors are listed on your petition.

I know it seems like the whole world is collapsing around you, but you'll be through this Bankruptcy soon. You'll have a fresh new start and can rebuild.

[pdxgrrrl]

I don't understand at all why your shocked....

I'm shocked because I honestly thought it would take a little bit longer than a week for the bank to actually do something about the car. It just happened very, very quickly and I really wasn't expecting it at all -- I didn't even get my 341 notice in the mail until today. I knew the bank would probably file a motion at some point, but the envelope I got was postmarked not even 6 days after I filed. That just seems very fast to me.

My main concern about the $36 charged-off bank account is I don't know if I need to include it in my Statement of Financial Affairs or not. As of right now, it's not on there because I wasn't aware of it. I have no idea when the bank pulled the plug on the savings account and I can't find any documentation on it, either in my paper files or on my computer. When I asked the woman at the bank to give me more info on the account, all she could tell me was that it happened sometime in 2008. Thanks! That's helpful, except not.

[fyi2]

I don't understand at all why your shocked and have liquids coming out of you.

LOLLOL that just gave me the biggest giggle of the day.. crappy day.. thanks

[justbroke]

I'm shocked because I honestly thought it would take a little bit longer than a week for the bank to actually do something about the car.

I understand fully, as I'm a person in Bankruptcy myself. Some things are just shocking, even though expected.

Other than maybe losing the car earlier than you thought... everything else is okay?

[teacher]

Question - Besides the 15 days, how long does it typically take for the lender to get the motion granted. Immediately after the 15 days? A week after?