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Dont do anything about motion to lift stay??

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    Dont do anything about motion to lift stay??

    I received notice from my mortagager and the bank who financed my car that they are trying to lift the automatic stay. The court date is January 6th

    My attorney said not to worry about it, do nothing, do not respond and do not go to court???!! Does this even sound right? They are not even interested in calling these creditors for me.

    I am working with my mortgager to get a motification because I am behind and I was only 3 weeks behind on my car payment before my car company filed this motion. I even made this payment 6 days before they filed this motion and they still filed it as if I am seriously delinquent.


    I want to keep my house and car

    #2
    Who has the car loan?
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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      #3
      Fidelity

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        #4
        Originally posted by cinderella View Post
        I am working with my mortgager to get a motification because I am behind and I was only 3 weeks behind on my car payment before my car company filed this motion. I even made this payment 6 days before they filed this motion and they still filed it as if I am seriously delinquent.

        I want to keep my house and car
        Your attorney and you seem to be on different pages. I'm assuming your car is now up to date with that payment (not one day late).

        I don't know what your attorney's plan is or if you and your attorney have the same plan with respect to your car and home. To tell you the truth, you won't really be able to stop the Relief from Stay (RFS) since you're behind. If your already in a modification process under HAMP, you may be okay. However, you should be prepared to walk.

        I'm guessing that your attorney marked these items as "retain" continue to pay. If he marked them surrender, you are definitely not on the same page.
        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.

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